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THE 


Laws of new York 


RELATING TO 

THE STATE PRISONS, 

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INCLUDING 


THE PROVISIONS OF THE CONSTITUTION AND REVISED 
STATUTES APPLICABLE THERETO, AND MIS¬ 
CELLANEOUS ACTS OF THE LEGISLA¬ 
TURE, AS AMENDED TO AND IN 
FORCE JUNE I, 1904. 



COMPILED BY 

JAMES E. KIRK, Counselor at Law, 

UNDER THE DIRECTION OF 

CORNELIUS V. COLLINS, 


SUPERINTENDENT OF STATE PRISONS. 






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CONSTITUTION OF STATE OF NEW YORK. 

PROVISIONS APPLICABLE TO STATE PRISONS. 


Article III., Section 29.—Occupation and Employment of 
Convicts. 

The Legislature shall by law, provide for the occupation and 
employment of prisoners sentenced to the several State prisons, 
penitentiaries, jails and reformatories in the State; and on 
and after the first day of elanuary, in the year one thousand 
eight hundred and ninety-seven, no person in any such prison, 
penitentiary, jail or reformatory, shall be required or allowed 
to work while under sentence thereto, at any trade, industry or 
occupation, wherein or whereby his work, or the product of his 
work, shall be farmed out, contracted, given or sold to any per¬ 
son, firm, association or corporation. This section shall not be 
construed to prevent the Legislature from providing that con¬ 
victs may work for, and that the products of their labor may be 
disposed of to, the State or any political division thereof, or for 
or to any public institution owned or managed and controlled by 
the State, or any political division thereof. 

Note.— Sec. 97 post page 33. Chap. 737 Laws 1894 “an act to regulate 
the employment of prison labor in the manufacture of brooms and brushes 
made of broom corn is made obsolete by this section of the constitution and 
sec. 97 of the general prison law. 

Art. V., Sec. 4.—Superintendent of Prisons. 

A Superintendent of State Prisons shall be appointed by the 
Governor, by and with the advice and consent of the Senate, 
and hold his office for five years, unless sooner removed; he shall 
give security in such amount, and with such sureties as shall be 
required by law for the faithful discharge of his duties; he shall 
have the superintendence, management and control of State 
prisons, subject to such laws as now exist or may hereafter be 
enacted; he shall appoint the agents, wardens, physicians and 
chaplains of the prisons. The agent and warden of each prison 
shall appoint all other officers of such prison, except the clerk, 
subject to the approval of the same by the Superintendent. 

5 



6 


The Comptroller shall appoint the clerks of the prisons. The 
Superintendent shall have all the powers and perform all the 
duties not inconsistent herewith, which were formerly had and 
performed by the Inspectors of State Prisons. The Governor 
may remove the Superintendent for cause at any time, giving 
to him a copy of the charges against him, and an opportunity 
to be heard in his defense. 

Art. VIII., Secs. 11, 12 and 13. -State Commission 
OF Prisons. 

§ 11. The Legislature shall provide for a State Board of 
Charities, which shall visit and inspect all institutions, whether 
State, county, municipal, incorporated or not incorporated, 
which are of a charitable, eleemosynary, correctional or reform¬ 
atory character, excepting only such institutions as are hereby 
made subject to the visitation and inspection of either of the 
commissions hereinafter mentioned, but including all reform¬ 
atories except those in which adult males convicted of felony 
shall be confined; a State Commission in Lunacy, which shall 
visit and inspect all institutions, either public or private, used 
for the care and treatment of the insane (not including institu¬ 
tions for epileptics or idiots); a State Commission of Prisons 
which shall visit and inspect all institutions used for the deten¬ 
tion of sane adults charged with or convicted of crime, or de¬ 
tained as witnesses or debtors. 

§ 12. The members of the said Board and of the said Com¬ 
missions shall be appointed by the Governor, by and with the 
advice and consent of the Senate; and any member may be re¬ 
moved from office by the Governor for cause, an opportunity 
having been given him to be heard in his defense. 

§ 13. Existing laws relating to institutions referred to in the 
foregoing sections and to their supervision and inspection, in so 
far as such laws are not inconsistent with the provisions of the 
Constitution, shall remain in force until amended or repealed by 
the Legislature. The visitation and inspection herein provided 
for, shall not be exclusive of other visitation and inspection now 
authorized by law. 

Note.— See “act to provide for the appointment of a State Commission 
of Prisons, and defining its duties and powers" post p. 82. 


REVISED STATUTES 
RELATING TO 
STATE PRISONS. 


Cliapter 382, Laws of 1889. 


AN ACT TO Amend Title Two of Chapter Three of Part 
Four of the Revised Statutes, Relating to State Pris¬ 
ons AND FOR Other Purposes Connected Therewith. 

§ 1. Title two of chapter three of part four of the Revised Statutes as 
amended by chapter four hundred and sixty of the laws of one thousand 
eight hundred and forty-seven, and by chapter two hundred and ninety- 
four of the laws of one thousand eight hundred and forty-eight, and by 
chapters fifty-eight and two hundred and forty of the laws of one thousand 
eight hundred and fifty-four, and by chapters four hundred and fifty-six 
and five hundred and fifty-two of the laws of one thousand eight hundred 
and fifty-five, and by chapter ninety-four of the laws of one thousand eight 
hundred and fifty-seven, and by chapter three hundred and ninety-nine of 
the laws of one thousand eight hundred and sixty, and by chapter four 
hundred and fifty-one of the laws of one thousand eight hundred and 
seventy-four, and by chapter four hundred and forty of the laws of one 
thousand eight hundred and eighty-eight, is hereby further amended so as 
to read as follows; 


TITLE II. 

OF THE STATE PRISONS. 

Article i. Of the government and maintenance of State Prisons, the offi¬ 
cers connected therewith, their powers, duties and compensation. 
Article ii. Of the disposition, discipline and instruction of prisoners. 
Article hi. Of the labor of prisoners. 

7 



8 


ARTICLE I. 


Of the Government and Maintenance of State prisons, 
THE Officers Connected Therewith, their Powers, 
Duties and Compensation. 


Section 


29. Names and locations of State prisons. 

30. Officers and employees of prisons. 

31. Salary and expenses of Superintendent. 

32. Salary and expenses of warden. 

33. Physicians, clerks and chaplains; salaries of. 

34. Compensation of other officers. 

35. Salaries to be paid monthly. 

36. Oath of office and bond of Superintendent. 

37. Oaths of other officers. 

38. Bond of agent and warden. 

39. Bond of other officers. 

40. Office, powers and duties of Superintendent. 

41. Annual report of Superintendent. 

42. Powers and duties of agent and warden. 

43. Daily journal. 

44. Account books. 

45. Deposit of convicts’ deposits and earnings. 

46. Estimate of expenses; revision by Comptroller. 

47. Monthly financial statement of warden to Comptroller. 

48. Monthly reports as to inmates. 

49. Annual financial report. 

50. Annual inventory. 

51. Warden to control fiscal transactions—recovery of debts to 

prison. 

52. Warden to purchase supplies. 

53. Bills and receipts for supplies and services. 

54. Convicts’ money and other property; what to be furnished 

them on their release. 

55. Neglect of duty by agent and warden; punishable. 

56. General duties of clerk. 

57. Duties of assistant clerk, also of assistant foreman of con¬ 

struction at Clinton Prison. 

58. Duties of physician. 

59. Duties of chaplain. 

60. Duties of principal keeper. 

61. Duties of store-keeper. 

62. Duties of kitchen-keeper. 

63. Notes, drafts and evidences of debt not to be given. 

65. Certain officers to administer oaths. 

66 . Clinton Prison water works. 

67. Lands retained for use of Clinton Prison. 

68 . Sing Sing Prison farm. 


Names and locations of State prisons.— § 29. There shall 
continue to be maintained for the security and reformation of 
convicts in this State, three State Prisons; one at Sing Sing, in 
Westchester County; one at Auburn, in Cayuga County; and 
one at Dannemora, in Clinton County, which prisons shall 
respectively be denominated the Sing Sing Prison, the Auburn 
Prison and the Clinton Prison. 

Note. — State Prison for Women, at Auburn. Laws 1893, ch. 306, post p.44 

Matteawan State Hospital for Insane Criminals. Laws 1893, ch. 81, post p.54. 

Dannemora Hospital for Insane Criminals. Laws 1899, ch. 520, post p.60. 


9 


OFFICERS AND EMPLOYEES OF PRISONS.— § 30. The Superin- 
tendant of State Prisons shall appoint the agent and warden, 
physician, and chaplain of each of the said prisons, as provided 
in the Constitution; and he may remove them from office when¬ 
ever in his judgment the public interests shall so require. He 
shall designate such number of guards, teachers and other 
employees at each of said prisons as he may deem necessary for 
the safe-keeping and improvement of the prisoners or for the 
maintenance of discipline, and he shall also designate which of 
them shall reside at the prison. But the number of guards 
shall not exceed the proportion of one guard to fourteen pris¬ 
oners at each of said prisons. 

L The Comptroller shall appoint a clerk of each of said pris¬ 
ons as provided by the Constitution, and is authorized to appoint 
an assistant clerk of each of said prisons whenever in his judg¬ 
ment the public interests shall so require. 

2 . The agent and warden of each of said prisons shall appoint, 
subject to the approval of the Superintendent of State Prisons, 
a principal-keeper, a store-keeper, a kitchen-keeper, a hall- 
keeper, a yard-keeper, a sergeant of the guard, and so many 
other keepers, guards, teachers and employees of such prison as 
shall be designated by the Superintendent of State Prisons as 
aforesaid, and such agent and warden shall have the power to 
remove such subordinate officers and employees so appointed 
by him. 

The People ex. rel. John J. Griffin, Appellant, vs. Austin Lathrop, et al.. 
Respondents, 142 N. Y. p. 113. 

The position of keeper was abolished by the amendment of 1904 to § 34 
and such officers are classified as guards. See post page 10. 

3. No appointment shall be made in any of the State prisons 
of this State on the grounds of political partisanship; but hon¬ 
esty, capacity and adaptation shall constitute the rule for ap¬ 
pointments, and any violation of this rule shall be sufficient 
cause for the removal from office of the officer committing such 
violation. No person under twenty-one years of age shall be 
appointed to or hold any office at any State prison, nor shall any 
subordinate officer be appointed at any of said prisons by the 
agent and warden, unless such subordinate officer is a citizen 
of this State. 

Note. —Superintendent of State Prisons, see Const., art. V, § 4. 

Power of removal.— Power of appointment implies power of removal. 
People ex rel. Griffin vs. Lathrop, 142 N. Y. p. 113. 

Salary and expenses of Superintendent.— § 31. The 
Superintendent of State Prisons shall receive an annual salary 
of six thousand dollars, payable monthly by the Treasurer on the 
warrant of the Comptroller, and in addition thereto, all reason¬ 
able and necessary traveling expenses by him actually incurred 
and paid in the discharge of his official duties, not exceeding 
the sum of five hundred dollars per annum, and a further sum 


10 


of four thousand nine hundred and fifty dollars per annum, or 
so much thereof as may be necessary for clerk hire, copying 
and messenger, postage, stationery and other incidental expen¬ 
ses, of all which expenses he shall keep an account by items 
and verify the same by his oath to be filed with the Comptroller. 

Salary and expenses of warden. — § 32. The agent and 
warden of each of said prisons shall receive an annual salary of 
three thousand five hundred dollars, and in addition thereto he 
shall be allowed rations from the prison stores for himself and 
family. The agent and warden of each of said prisons shall re¬ 
side in the house connected therewith. The house for the agent 
and warden shall be provided with household furniture, fuel and 
lights for him and his family in addition to his salary, and also 
in addition thereto he shall be entitled to the services of such 
prisoners as may be reasonably necessary for household service. 
The Comptroller is hereby authorized to audit and allow from 
time to time all necessary expenses and subsistence of the agent 
and warden, when necessarily traveling on official business, or 
when the attendance of such agent and warden is required at 
the seat of government, the necessity of such traveling and at¬ 
tendance to be decided by the Comptroller, and the accounts 
therefor when so audited to be paid by the Treasurer on the 
warrant of the Comptroller. 

Physicians, clerks and chaplains; salaries of.— § 33. 
The physician, clerk and chaplain of each of said prisons shall re¬ 
ceive an annual salary of two thousand dollars; each assistant 
clerk of said prisons shall receive such annual salary as shall be 
fixed by the Comptroller, not exceeding one thousand five hun¬ 
dred dollars. They shall keep their offices at their respective 
prisons, and they shall be furnished with fuel and lights for 
their offices. 

Compensation of other officers. — § 34. The Superintend¬ 
ent of State Prisons shall, from time to time, prescribe the 
compensation of the other officers of said prisons, but the com¬ 
pensation so fixed and prescribed for the following officers in 
each of such prisons shall not in any case exceed the rate of an 
annual salary, as follows: To the principal keeper, two thousand 
dollars; to the kitchen-keeper, store-keeper, hall-keeper and 
yard-keeper, each twelve hundred dollars; to the sergeant of 
guard, nine hundred dollars; to the State detective at Sing Sing 
Prison eighteen hundred dollars. The position of keeper in the 
several State prisons is hereby abolished and officers heretofore 
designated as keepers shall hereafter be classified as guards. 
The several guards shall be paid only for services actually ren¬ 
dered, and their annual compensation shall be subject to pro 
rata deduction for time not served. The compensation of 
guards hereafter appointed shall be as follows: For the first 
year’s service, six hundred and sixty dollars; for the second 
year’s service, seven hundred and forty dollars; for the third 


11 


year’s service, eight hundred and twenty dollars; for the fourth 
year’s service, and thereafter, nine hundred dollars. The an¬ 
nual compensation of guards in service at the time this act takes 
elfect shall be, for services hereafter rendered, as follows: To 
those ^ serving their first year as prison officers, seven hundred 
and eighty dollars; to those serving their secopd year as prison 
officers, eight hundred and twenty dollars; to those serving 
their third year as prison officers, eight hundred and sixty dol¬ 
lars; to those who have served three or more years as prison 
officers, nine hundred dollars, (^s amended by Chap. 730, L. 
1895, and by Chap. 709, L. 190Ji). 

Salaries to be paid monthly. — § 35. The salaries of the 
officers in the four last preceding sections specified shall be pay¬ 
able monthly at the end of each month. None of such officers 
mentioned shall receive any perquisites or emoluments for his 
services other than the compensation provided therefor by law. 

Note. —See Sec. 48 Penal Code, on the subject of emoluments & c. 

Oath of office and bond of superintendent. — § 36. 
Within ten days from the time of notice of his appointment, 
the Superintendent of State Prisons shall subscribe and take the 
oath of office prescribed by the Constitution and file the same 
in the office of the Secretary of State, and shall be in all respects 
subject to the provisions of the sixth title of chapter five of the 
first part of the Revised Statutes, as far as the same may be ap¬ 
plicable, and within such ten days he shall give to the people of 
the State of New York a bond in the penal, sum of twenty-five 
thousand dollars, with two good suretie.s to be approved by the 
Comptroller, conditioned for the faithful discharge of the duties 
of the office. 

Note. —Constitutional oath of office, Const, art. XIII § 1. Official oaths, 
Public Officers’ Law ^ 10. Official undertakings. Id., §§ 11, 12. Neglect 
to file same. Id., § § 13, 20. Subd. 7. 

Oaths of other officers. — § 37. Each of the officers of 
said prisons shall, before entering on the duties of his office, 
take and subscribe the oath of office prescribed by the Constitu¬ 
tion of this State, which oath may be taken and subscribed be¬ 
fore any officer authorized by law to administer an oath. The 
said oath shall be filed in the office of the Comptroller. 

Note.—S ee note to preceding section. 

Bond of agent and warden. — § 38. Each agent and war¬ 
den of a State prison and each other officer or person, when 
required to perform the duties of an agent and warden, before 
entering on the duties of his office, shall execute a bond to the 
people of this State with sufficient sureties, to be approved by 
the Superintendent of State Prisons and the Comptroller, in the 
penal sum of fifty thousand dollars, conditioned for the honest 
and faithful performance of his duties, and accounting for all 
moneys received by him as such agent and warden according to 
law, which bond when executed and approved shall be filed in 


12 


the office of the Comptroller of this State. Said Comptroller 
may, at any time require such agent and warden to execute a 
new bond as such, with new sureties, in the same form and with 
the same conditions, to be approved and filed as aforesaid. 

Note.— See note to ^ 36 above. 

Bond of other officers. — § 39. The clerk, principal keeper, 
store-keeper, kitchen-keeper, hall-keeper and yard-keeper of 
each of said prisons, before entering on the duties of his office 
shall each execute and file in the office of the Comptroller of the 
State, a bond to the people of this State, with sufficient sureties 
to be approved by the Superintendent of State Prisons, in the 
penal sum of five thousand dollars, conditioned for the faithful 
performance of his duties according to law. 

Note.—S ee note to § 36 above. 

Office, powers and duties of Superintendent. — § 40. The 
Superintendent of State Prisons shall have his office in the City 
of Albany. He shall have the superintendence, management and 
control of the State prisons and of the convicts therein, and of 
all matters relating to the government, discipline, police, con¬ 
tracts and fiscal concerns thereof. He shall have power and it 
shall be his duty to inquire into all matters connected with said 
prisons. He shall make such rules and regulations, not in con¬ 
flict with the statutes of this State, for the government of the 
officers, keepers, guards and employees of the prisons, except 
the clerks and assistant clerks, who shall be subject to such 
rules and regulations as shall be prescribed by the Comptroller, 
and in regard to the duties to be performed by them, and for 
the government and discipline of each prison, as he may deem 
proper, and shall cause such rules and regulations to be recorded 
by the clerk of the prison, and a printed copy thereof to be fur¬ 
nished to each officer of the prison on his appointment. He 
shall also prescribe a system of accounts and records to be kept 
at each prison, which system shall be uniform at all of said 
prisons, and he may also make rules and regulations for a re¬ 
cord of photographs and other means of identifying each convict 
received into said prisons. The Superintendent of State Prisons 
may delegate to his clerk authority to certify, in the absence of 
the Superintendent, estimates to the Comptroller, to sign orders 
for the transfer of convicts, and to sign orders for the discharge 
of insane criminals, whose term of imprisonment has expired. 
The Superintendent of State Prisons may require reports from 
the agent and warden or other officers of the prison in relation 
to their conduct as such officers, and shall have power to inquire 
into any improper conduct which may be alleged to have been 
committed by the agent and warden or other officer of either 
of the said prisons, and for that purpose to issue subpoenas to 
compel the attendance of witnesses, and the production before 
him of books writings and papers in the same manner and with 
the like effect and subject to the same penalties for disobedience 


13 


as in cases of trials before justices of the peace, and to examine 
in person or by attorney all persons who may be brought before 
him as such witnesses. 

Note. — Superintendent not to be interested in prison contracts or pur¬ 
chases. Penal Code § 48b. post. 

Annual report of Superintendent. — § 41. It shall be the 
duty of the Superintendent of State Prisons on or before the 
tenth day of January in each year to report to the Legislature 
in writing the condition of each of the prisons for the year 
ending with the last day of the previous September, specifying 
the number of convicts confined during such year, and for 
what offences, the number transferred from any prison and the 
reason therefore in each case, the moral, intellectual, and phyi- 
cal condition of the prisoners and how employed, the amount of 
money expended during such year and how, in detail, the 
amount of money earned during such year and how, in detail, 
the amount paid into the treasury during such year, and such 
other matters as may seem pertinent and proper in the judg¬ 
ment of the Superintendent. 

Note. —Reports of Superintendent may be printed in State Prisons. Ch. 
645, L. 1898, post p. 69. 

Powers and duties of agent and warden.— § 42. The 
agent and warden of each of said prisons shall attend regularly 
at such prison, and exercise a general supervision over its gov¬ 
ernment, discipline and police, and attend to the fiscal and bus¬ 
iness concerns of the prison, and conform to and enforce the 
rules and regulations of the Superintendent of State Prisons in 
relation thereto. He shall give the necessary directions to the 
subordinate officers and employees of such prison, and shall ex¬ 
amine whether they have been careful and diligent in the dis¬ 
charge of their several duties, shall examine diligently into the 
state of the prison, and into the health, condition and safe-keep¬ 
ing of the prisoners, and inquire into the justice of any complaints 
made by the prisoners relative to their provisions, clothing and 
treatment by such subordinate officers and employees. He may 
make such general orders or rules for government of such 
subordinate officers and employees of the prison, not in conflict 
with the statutes of the State or the rules and regulations of 
the Superintendent of State Prisons, as he may deem proper, 
which rules and orders shall be entered in a book provided by 
the agent and warden for that purpose, and copies thereof shall 
be printed, and each of said subordidate officers and employees 
shall be furnished with a printed copy thereof upon his appoint¬ 
ment. 

Note.— Agent and warden not to be interested in prison contracts or 
purchases. Penal Code § 48b. post. 

Daily journal. - § 43. The agent and warden of each of 
said prisons shall cause to be kept a daily journal of the pro¬ 
ceedings of the prison, in which shall be entered a note of every 


14 


infraction of the rules and regulations of the prison by any offi¬ 
cer, which shall have come to his knowledge, and of every punish¬ 
ment inflicted on a prisoner, the nature and the amount thereof 
and by whom it was inflicted, and also a memorandum of 
every well-founded complaint made by any convict of bad or 
insufficient food, want of clothing, or cruel or unjust treatment 
by a keeper; such journal shall be kept open at all times to the 
examination of the Superintendent of State Prisons. 

Note. —The position of keeper was abolished by the amendment of 1904 
to § 34 and such officers are now classified as guards. 

Account books. — § 44. The agent and warden of each of 
said prisons shall cause to be kept regular books of entry, in 
which all his accounts and transactions shall be entered. Such 
books shall contain a regular and correct account of all moneys 
received by such agent and warden from any source whatever, 
by virtue of his office, including all moneys taken or received 
from convicts, or as the proceeds of property taken from them, 
and of all sums paid by him by virtue of his office, and the 
persons to whom, and purposes for which the same were paid. 
Such books and the accounts entered therein shall be open for 
the examination of the Superintendent of State Prisons or the 
Comptroller or of any person authorized by any of them. 

Deposit of convicts' deposits and earnings.— § 45. The 
agent and warden of each of said prisons shall deposit at 
least once in each week to his credit as agent and warden, in 
such bank or banks as may be designated by the Comptroller, 
all the moneys received by him as such agent and warden, as 
convict deposits and miscellaneous earnings, and send to the 
Comptroller, and also to the Superintendent of State Prisons, 
weekly, a statement showing the amount so received and de¬ 
posited, and when, from whom, and for what received, and the 
days on which such deposits were made. Such statement of 
deposits shall be certified by the proper officer of the bank re¬ 
ceiving such deposit or deposits. The agent and warden shall 
also verify by his affidavit that the sum so deposited is all the 
money received by him from whatever source of prison income, 
other than proceeds of the labor of prisoners, and of sales of 
articles manufactured by them during the week and up to the 
time of the last deposit appearing on such statement. Any bank 
in which such deposits shall be made shall, before receiving any 
such deposits, file a bond with the Comptroller of the State, sub¬ 
ject to his approval, for such sum as he shall deem necessary. 
The moneys so deposited by such agent and warden as convict 
deposits and miscellaneous earnings shall be subject to his check 
or draft only when countersigned by the Comptroller. The 
Comptroller shall countersign such check or draft only when the 
same is drawn for the payment of an expenditure included in 
an estimate approved by the Superintendent of State Prisons, 
and for the purposes hereinafter stated. The agent and war- 


15 


den of each prison shall, on the first day of each month, make 
an estimate and detailed statement of all moneys that will, in his 
judgement, be required for clothing, allowance and transporta¬ 
tion of United States prisoners, and to repay to convicts moneys 
on deposit to their credit, and the interest thereon, as provided 
by section fifty-four of title two of chapter three of part four 
of the Revised Statutes relating to State Prisons, during such 
month, which estimate shall be forwarded to the Superintendent 
of State Prisons, who may revise the same by reducing the 
amount thereof, and he shall certify that he has carefully exam¬ 
ined the same, and that the sums stated in said estimate are 
actually required for the purposes above stated, and he shall 
thereupon deliver the said estimate, sc certified, to the Comp¬ 
troller. (As amended by Ch. 72, L. 1900.) 

Estimate of expenses; revision by Comptroller.— §46. 
The agent and warden of each of said prisons shall, on the first 
day of each month, make an estimate, in minute detail, of the 
necessary expenses for the support and maintenance of the pris¬ 
on under his charge during such month, and shall submit such 
estimate to the Superintendent of State Prisons. The Superin¬ 
tendent may revise the said estimate by reducing the amount 
thereof, and shall certify that he has carefully examined the 
sarne and that the articles contained in said estimate, or in said 
estimate as so revised by him, as the case may be, are actually 
required for the use of the prison, and the Superintendent of 
State Prisons shall thereupon present the said estimate and cer¬ 
tificate to the Comptroller who shall thereupon authorize the said 
agent and warden to make his draft on the Treasurer for the 
sum thus certified, or any part thereof, which amount shall be 
paid on the warrant of the Comptroller; and it shall not be law¬ 
ful for such agent and warden to make purchases on behalf of 
the State for any other than industrial purposes at such prison, 
unless such purchases have been included in the estimate as pre¬ 
sented to and approved by the Superintendent of State Prisons. 

Monthly financial statement of warden to comptrol¬ 
ler. — § 47. The agent and warden of each of said prisons shall 
on the first day of each month make to the Comptroller a full 
and perfect statement of all the receipts and expenditures, spe¬ 
cifying the items thereof, for the prison under his charge, for 
the preceding month, which shall be accompanied by the ne¬ 
cessary vouchers regularly rendered according to their respective 
dates, with some short designation thereon of the consideration 
of payment, evidenced by the vouchers, and the amount of the 
vouchers carried out in figures: if the vouchers are objection¬ 
able, the Comptroller shall enter his dissent on the particular 
voucher, and return it to the agent and warden, reporting the 
same, who shall cause it to be immediately corrected and re¬ 
turned. Every such statement shall be verified by an affidavit 
of the agent and warden thereunto annexed, as follows: I, 


16 


agent and warden of the prison, do solemny swear that I 
have deposited in the bank, designated by law for such purpose, 
all the moneys received by me, belonging to the State during 
the last month; and I do further swear that the foregoing is a 
true abstract of all the moneys received and expenditures made 
by me as such agent and warden during the month ending on 
the day of , eighteen hundred and , and that 
the goods and other articles therein speified were purchased and 
received by me at the prison of which I am in charge, and that 
the goods were purchased at fair cash market prices, and that 
the same were paid for in cash; and that neither I nor any per¬ 
son in my behalf had any pecuniary or other interest in the ar¬ 
ticles purchased; that I received no pecuniary or other benefit 
therefrom in the way of commissions, percentage, deductions 
or presents, or in any other manner whatever, either directly 
or indirectly, nor any promise of future payments, presents or 
benefits, or to any other person for me, either directly or indi¬ 
rectly. The affidavit of the clerk shall likewise be appended 
thereto, certifying that the articles contained in such bill were 
received at the prison, and that they conformed in all respects 
to the invoice of the goods received and entered by him, both 
in quality and quantity. 

Monthly reports as to inmates. — § 48. The agent and 
warden of each of said prisons shall make a monthly report, 
verified by his oath, to the Superintendent of State Prisons, 
stating the names of all convicts received into the prison during 
the preceding month, the counties in which they were tried, the 
crimes of which they were convicted, the nature and duration 
of their sentences, their former trade, employment or occupa 
tion, their habits, color, age, place of nativity, degree of in¬ 
struction, and a description of their persons, and also stating 
whether any such convicts have ever been confined in any state 
or county prison, and if so, stating the offense for which they 
were confined, and the duration of their punishment, and also 
stating in such report the names of all the convicts pardoned or 
discharged during the past month, and all other particulars in 
relation to the parties pardoned or discharged, that are required 
to be stated in relation to the convicts received in the prison. 

Annual financial report. — § 49. The agent and warden 
of each of said prisons shall, on or before the fifteenth day of 
November in each year, render to the Superintendent of State 
Prisons a full and true report for the year ending with the last 
day of the previous September, of all moneys received by him 
on account of the prison under his charge, and all the moneys 
expended by him for the use thereof, and also an inventory of 
the goods, raw materials, and other property of the State on 
hand on the last day of the previous September, which account and 
inventory shall be attested by the oath of the agent and warden 
and clerk of the prison to be just and true, together with a state- 


17 


ment of all changes in the officers of such prison during such 
year, and the annual reports to the agent and warden of the 
clerk, physician and chaplain of each prison, and such other 
matters as shall be required by the Superintendent of State 
Prisons. 

Note.— False entry in accounts, a felony, Penal Code §470. 

Annual inventory.— § 50. The Superintendent of State 
Prisons may, whenever he shall deem advisable, cause au esti¬ 
mate to be made of the value of the goods and other property 
of the State, for which an inventory has been rendered to him 
by the agent and warden of either of said prisons, which esti¬ 
mate shall be made under oath by two or more competent persons 
to be appointed for that purpose by the Superintendent, which 
inventory and estimate shall be transmitted to the Comptroller 
of the State on or before the first day of January in each year, 
with such observations and remarks thereon as the Superinten¬ 
dent may deem necessary to enable the Comptroller to under¬ 
stand the same and to correct any errors that may be discovered 
therein. 

Warden to control fiscal transactions— recovery of 
DEBTS TO PRISON. — § 51. All the fiscal transactions and deal¬ 
ings on account of each prison shall be conducted by and in the 
name of thb agent and warden thereof, who shall have control 
over all matters of finance relating to such prison, subject to 
the direction and supervision of the Superintendent of State 
Prisons. Such agent and warden shall be capable in law of 
suing in all courts and places, and in all matters concerning the 
prison, by his name of office, and by that name shall be author¬ 
ized to sue for and recover all sums of money due from any 
person to any former agent, or agent and warden of the prison, 
or to the people of this State on account of such prison. But it 
shall not be lawful in any such suit or action for any defendant 
or defendants to plead or give in evidence any offset or matter 
by way of recoupment or counter claim (except for payments 
made, and not credited to such defendant or defendants), or to 
recover any judgment against such agent and warden in such 
suit or action other than for the costs and disbursements therein. 
Each agent and warden shall enforce the payment of all debts 
due to the prison under his charge as soon and with as little 
delay as possible, but with the approbation of the Superin¬ 
tendent of State Prisons, and subject to such approbation he 
may accept any security from any debtor on granting him time, 
that he may deem conducive to the interests of the State. 

Warden to purchase supplies.— §52. The agent and 
warden of each of said prisons shall supply provisions and 
other suitable articles for the maintenance and supply of the 
prison under his charge, either by contract or by purchase, as 
shall be directed by the Superintendent of State Prisons. In 
case the said Superintendent shall direct that such supplies 


2 


18 


shall be obtained by contract, the agent and warden shall cause 
notice to be published in a newspaper printed in the bounty in 
which such prison is situated, and in such other newspapers and 
for such time as the said Superintendent shall direct, stating 
the particular supplies wanted, the manner in which they are to 
be delivered, and the time during which proposals will be re¬ 
ceived by such agent and warden for furnishing the same. Con¬ 
tracts shall be made by the agent and^ warden with those per¬ 
sons whose proposals in pursuance with such notice shall be 
most advantageous to the State, and who shall give satisfactory 
security for the performance of their contracts, subject to the 
approval of the said Superintendent, unless the Superintendent 
shall deem it expedient to decline all proposals and advertise 
anew. The articles of food and the quanities of each kind shall 
be prescribed by the said Superintendent and inserted in the 
contract. All contracts made under this section shall be re¬ 
duced to writing and signed in duplicate by the parties. One 
of such duplicates shall be filed with the clerk of the prison, 
and a copy thereof shall be delivered to the Superintendent of 
State Prisons. 

Note. — Imitation butter and cheese not to be purchased for prisons. 
Ch. 364, L. 1893 post p. 70. 

Preference to be given in the purchase of supplies to products raised 
within this state. Ch. 32, L. 1899 post p. 69. 

Bills and receipts for supplies and services. — § 53. 
The agent and warden of each of said prisons shall take bills for 
all goods purchased by him for such prison at the time of such 
purchase, and shall take similar bills and receipts for such ser¬ 
vices that shall be rendered for such prison at the time of 
making payment therefor, and the person or persons to whom 
any bill shall be paid by either of said agents and wardens, shall 
in all cases make and subscribe an affidavit to be sworn to be¬ 
fore some person duly authorized by law to take the same, 
stating that said account and the articles and services therein 
specified were actually furnished or rendered as charged; that 
neither the agent and warden, nor any person for him or in his 
behalf had any pecuniary or other interest in the articles sold 
or services rendered, or in the profits thereof; that to the best 
of his knowledge and belief no commissions, presents or profits 
directly or indirectly connected therewith had been paid to him 
or any other person; or had been promised to be paid in the 
future to him or to any other person; that the said bill repre¬ 
sents the correct amount due him; that the articles included in 
such account were sold at fair cash market prices, and that he 
has actually received the full amount in cash from the said 
agent and warden. 

Convicts’ money and other property; what to be 
FURNISHED THEM ON THEIR RELEASE. — § 54. The agent and 
warden of each of said prisons shall take charge of all moneys 
and other articles which may be brought to the prison by the 


19 


convicts and shall cause the same, immediately upon the receipt 
thereof, to be entered by the clerk among the receipts of the 
prison; which money and other articles, whenever the convict 
from whom the same was received shall be discharged from 
prison, or the same shall be otherwise legally demanded, shall 
be returned by the said agent and warden to such convicts or 
other person legally entitled to the same; and for such money 
as the said convict, or any other person for such a convict, may 
have so deposited, such convict shall be entitled to receive in¬ 
terest at the rate of four per cent per annum from the time of 
such deposit until the same shall be so repaid to such convict 
as aforesaid, and vouchers shall be taken therefor. The agent 
and warden of each of said prisons shall furnish to each convict 
who shall be discharged from prison by pardon or otherwise, or 
who shall be released therefrom on parole, necessary clothing, 
not exceeding twelve dollars in value (between the first day of 
November and the first day of April, clothing not exceeding 
eighteen dollars in value and including an overcoat, shall be so 
furnished), and ten dollars in money, and a railroad ticket or 
tickets for the transportation of one person from such prison to 
the place of the conviction of such a convict, or to such other 
place as such convict may designate, at no greater distance 
from said prison than the place of conviction. 

Neglect of duty by agent and warden, punishable.— 
§ 55. If the agent and warden of a State prison shall will¬ 
fully neglect or refuse to make any weekly or monthly return, 
estimate or statement, or to transmit any statement and cer¬ 
tificate of such deposits to the Comptroller, as hereby directed, 
it shall be the duty of the Comptroller to notify the Super¬ 
intendent of State Prisons of such omissions, and it shall be the 
duty of such Superintendent to order the bond of the agent and 
warden to be prosecuted for the recovery of any moneys which 
may be in his hands belonging to the State. The agent and 
warden of a State prison shall be liable to indictment and 
punishment for any willful neglect of duty, or for any mal¬ 
practice in the discharge of the duties of his office. 

Note.— Permitting prisoner to escape, a misdemeanor. Penal Code. Sec¬ 
tions 88, 89, 115. 

General DUTIES OF CLERK. — § 56. It shall be the duty of the 
clerk of each of said prisons, to reside regularly within one mile 
from said prison, to conform to the rules of discipline estab¬ 
lished by the Superintendent of State Prisons, and to perform 
his duties as prescribed by the Comptroller in accordance with 
law; to keep a register of convicts, in which the names of the 
convicts shall be alphabetically arranged, and in which shall be 
entered, under appropriate columns, the date of conviction, 
where born, age, occupation, complexion, stature, crime, court 
in which, county where convicted, term of sentence, number of 
previous convictions, to what prison or prisons previously sent. 


20 


when discharged and how discharged, and such additional facts 
as the Superintendent of State Prisons may require to be stated 
on the register; to annually report to the agent and warden of 
such prison on the first day of November the number of convicts 
remaining in prison on the last day of the previous September, 
the number received during the year ending with the last day 
of the previous September, the number discharged by expira¬ 
tion of sentence, habeas corpus or by the courts, the number 
of deaths and escapes, and the number transferred to any other 
penal institution during such year, and the number remaining 
in prison on the last day of said September; to keep books of 
account of the financial transactions of the prison; to keep a 
separate account in a book provided for that purpose of all 
money and other articles received by the agent and warden 
from each convict, crediting such convict therefor; to enter 
each bill taken by the agent and warden of the prison in the 
books of the prison at the time of the receipt of the articles 
mentioned in such account, and in case the articles received 
do not agree in all respects with the invoice, he shall immedi¬ 
ately notify the agent and warden of such discrepancy, and 
note in his book the discrepancy, whether in weight, quantity or 
quality; to preserve in the prison a set of all official reports 
made to the Legislature respecting the same, and a set of simi¬ 
lar reports in relation to each of the other State prisons, and 
for that purpose a suitable number of such reports when printed, 
shall be supplied to him by the Superintendent of State Prisons; 
to make an annual report, attested by his oath to be just and 
true, to the Secretary of State, on or before the first day of 
December of each year, stating the names of convicts discharged 
or pardoned from said prison during the year ending with the 
last day of the preceding September, and all the particulars in 
relation to such convicts as are required to be stated in the 
agent and warden’s monthly report to the Superintendent of 
State Prisons, and stating also, in the cases of pardon, the time 
unexpired of the time for which the convicts so pardoned were 
respectively pardoned, when such pardons were granted, and 
the conditions, if any, on which they were granted, and also 
the state of health of each convict so pardoned at the time of 
his discharge. 

Note.— Not to be interested in prison contracts or purchases. Penal 
Code § 48 b. Misappropriation and falsification of accounts, a felony. Id., 
§ 470. 

Duties of assistant clerk, also of assistant foreman of 
CONSTRUCTION AT CLINTON PRISON. — § 57. The assistant clerk 
of each of said prisons shall assist the clerk in the performance 
of his duties, in conformity with the disciplinary rules and reg¬ 
ulations of the Superintendent of State Prisons, and under the 
direction of the Comptroller. The assistant foreman of con¬ 
struction at Clinton Prison shall, when so directed by the agent 
and warden, perform the same duties and have the same au- 


21 


thority as a prison guard or keeper. {As amended by Ch. W, 
L. 1903.) 

Duties of physician. - § 58. It s^ll be the duty of the 
physician at each of said prisons to reside regularly within one 
mile from said prison, to attend daily during the proper business 
hours of such prison, and at all times hold himself in readiness 
to discharge his duties as such physician whenever directed by 
the agent and warden, unless, by the direction of the Super¬ 
intendent of State Prisons, he is otherwise engaged in trans¬ 
acting business on account of the prison; to examine weekly 
the cells of the convicts for the purpose of ascertaining whether 
they are kept in a proper state of cleanliness and ventilation, 
and report the same, weekly, to the agent and warden in writ¬ 
ing ; to examine daily into the quality and state of the provi¬ 
sions delivered to the prisoners, and whenever he shall have 
reason to believe that any of such provisions are prejudicial to 
the health of the prisoners, he shall immediately make a report 
thereof to the agent and warden of the prison in writing; to 
have charge of the hospital, to attend at all times to the wants 
of the sick conyicts whether in the hospital or in their cells; to 
prescribe the diet of sick convicts, whether in the hospital or 
in their cells or elsewhere, and his directions in relation thereto 
shall be followed by the agent and warden; to keep a daily re¬ 
cord of all admissions to the hospital, indicating the color, 
nativity, age, occupation, habits of life, crime, time of entrance 
and discharge from the hospital, date of admission to the prison, 
time in county prison before conviction, disease, if afflicted with 
scrofula before admission, scrofula during the first, second and 
third six months after admission to prison, and of the prescrip¬ 
tions and treatment of each case; to report monthly to the 
agent and warden the number of patients received into the hos¬ 
pital during the last preceding month, stating their respective 
ages, color, disease and occupation in prison, the quality and 
kind of medicine administered during the month, the nunber of 
those discharged, their condition when discharged, the time 
they shall have remained in the hospital, the number of deaths, 
stating causes of such deaths ; and it shall be his further duty to 
state in such report, the number of sick convicts not received in¬ 
to the hospital, for whom he shall have prescribed during the 
last preceding month, and the quantity and kind of medicine so 
prescribed, and the number of days during which such convicts, 
in consequence of sickness, shall have been relieved from labor ; 
to make an annual report to the agent and warden on or before 
the first day of November in each year of the sanitary condition 
of the prison for the year ending with the last day of the pre¬ 
vious September, with a condensed statement of the information 
contained in his monthly reports, and of such other matters as 
shall be required by the agent and warden. 

Duties of chaplain. — § 59. It shall be the duty of the chap- 


22 


lain of each of said prisons: To perform religious services in the 
prison, under such regulations as the Superintendent of State 
Prisons may prescribe, and to attend to the spiritual wants of 
the convicts; to visit the convicts in their cells for the purpose 
of giving them religious and moral instructions, and to devote 
at least one hour in each week day and the afternoon of each 
Sunday to such instructions; to furnish, at the expense of the 
State, a Bible to each convict, if requested by such convict; to 
take charge of the library and to take care that no improper 
books are introduced into the cells of the convicts, and if any 
such books shall be found either in the cells or in the possession 
of a convict, to take away and return the same to the agent and 
warden, and for the purpose of properly discharging these duties, 
to visit weekly each cell in the prison; to visit daily the sick in 
the hospital; to make a quarterly report to the agent and war¬ 
den, stating the number of convicts that shall have been instruc¬ 
ted during the last quarter, the branches of education in which 
they shall have been instructed, the text-books used in such in¬ 
struction, and the progress made by the convicts, and to note 
especially, any cases in which an unusual progress has been 
made by a convict; to make an annual report on or before the 
first day of November in each year, to the agent and warden, 
which report shall be attested by his oath to be just and true, 
relative to the religious and moral conduct of the prisoners in 
each prison during the year ending with the last day of the pre¬ 
vious September, stating therein what services he shall have 
performed, and the fruits, if any, of his instructions, and he 
shall append thereto, as far as practicable, in tabular form, a 
statement exhibiting the number of convicts in prison, on the 
last day of such September, and at what age convicted, specify¬ 
ing separately the number born in the United States, foreigners, 
and of what country, and the nativity of their parents, the num¬ 
ber that cannot read, that can read only, read and write, well 
educated, classically educated, temperate, intemperate, healthy, 
scrofulous, whether employed at the time of the commission of 
the crime, counties where convicted, occupation, sentence, how 
many times recommitted, and social state. 

Duties of principal keeper.— § 60. It shall be the duty 
of the principal keeper of each of the prisons, to keep a time- 
book, in which shall be inserted the names of all the officers, 
keepers and guards belonging to the prison, except the agent 
and warden, and opposite to each name, he shall daily mark 
whether such officer, keeper or guard, was absent or present, 
and at the end of each month shall add up the same and verify 
such statement by his affidavit that it is correct, which state¬ 
ment, so sworn to, shall be delivered to the agent and warden, 
who shall forward the same to the Comptroller with his monthly 
report. 

Duties of store-keeper. — § 61. It shall be the duty of the 


23 


store-keeper of each of said prisons to take charge of all 
provisions and other articles purchased for the prison, to com¬ 
pare all such purchases with the bills thereof, furnished to him 
by the agent and warden of such prison, and to note all discrep^ 
ancies, and to enter the goods so received in books to be kept 
by him for that purpose; to keep such goods, when received, in 
some safe place under his charge, and no goods shall be deliv¬ 
ered by him except on a requisition from the kitchen-keeper, 
or the agent and warden or principal Keeper, or in his or their 
absence, the person acting as such. Such requisition shall in 
all cases be in writing, and be by him placed on file, and in ad¬ 
dition thereto, the articles named in such requisition shall be 
entered in his books, which books shall state what the articles 
were, the quantity delivered, and on whose order they were 
delivered, and to what shop or place sent. It shall also be his 
duty to keep a perfect, just and true account of all goods sold 
by the agent and warden, or other officers of the prison, belong¬ 
ing to the prison; at the end of each month to make out a correct 
statement, attested by his affidavit, giving the amount of each 
article received, and the quantity, and the amount and kinds of 
goods delivered on requisitions, and to whom delivered, and the 
quantity of each kind of property then on hand, with the value 
thereof at that time, which statement, when made up, shall be 
delivered to the agent and warden, and by him examined, and 
if found correct, he shall so certify thereon; such report shall 
be then forwarded to the Comptroller by the agent and warden. 

Note —Store-keeper not to be interested in prison contracts or purchases. 
Penal Code § 48b. Falsification of accounts, a felony. Id., § 470. 

Duties of kitchen-keeper. — § 62. It shall be the duty of 
the kitchen-keeper of each of said prisons to keep a proper 
book, and to enter therein all goods received on his requisition 
from the store-keeper, and the amount cooked and sent to the 
hospital, and to make a report, attested by his oath to be just 
and true, at the end of each month to the agent and warden of 
the amount of such goods then on hand, and the amount re¬ 
ceived and consumed during the month. 

Notes, drafts and evidences of debt not to be given.— 
§ 63. No agent and warden or other officer of either of the 
State prisons of this State shall give any note, draft or other 
evidence of debt, except a check on the bank, designated by 
the Comptroller, as aforesaid, and such checks and drafts as 
are authorized by law, in payment for any article purchased for 
either of said prisons, and signed by him or them individually 
or in their official capacity, nor shall any such agent and warden, 
or any other officer, sign any paper as agent and warden 
for the purpose or with the intent of putting or having the same 
put in circulation for any purpose whatever. 

(§ 64 repealed by Ch. 692, L. 1893.) 

Certain officers to administer oaths. — § 65. The Sup- 


24 


erintendent of State Prisons and his clerk may administer oaths 
and take affidavits in all matters relating to the affairs of the 
State prisons under his charge. The agent and warden, clerk, 
assistant clerk and principal keeper of each prison are author¬ 
ized and required to take affidavits, in all matters of accounts 
against their respective prisons, and also in relation to fees of 
sheriffs in bringing convicts to either of the said prisons. 
(As amended by Ch. Jf65, L. 189Jf.) 

Note. —Fees of sheriffs for transporting convicts to prison, post p. 67. 

Clinton Prison water works. — § 66. The agent and ward¬ 
en of the Clinton Prison is authorized to appropriate to the use 
thereof, all waters upon the tract purchased for the establishment 
of said prison; and any person claiming damages in consequence 
of such appropriation of water, shall, within six months there¬ 
after, make application to the county judge of the County of 
Clinton, who shall appoint three commissioners not interested 
in lands through which the stream or streams of water so ap¬ 
propriated may have previously run, who shall personally ex¬ 
amine the lands of the applicant and make an estimate of the 
damages he has sustained by reason of such appropriation of 
water, which estimate shall be reduced to writing, subscribed 
and sworn to by said commissioners, and then transmitted to the 
Comptroller of this State, who shall thereupon pay the estimated 
damages of the applicant out of the funds appropriated for said 
prison. 

Lands retained for use of clinton prison. —§ 67. All lands 
belonging to the State of New York, or which may hereafter 
become the property of said State, and which shall be situated 
within ten miles of the Clinton Prison, shall be withdrawn from 
sale, and shall be retained by the State for the use of said prison 
and the Dannemora Hospital for Insane Convicts. The Super¬ 
intendent of State Prisons shall designate the portion of said 
lands to be used by each institution. (As amended by Ch. 208, 
L. 18H, Ch. 216, L. 1897, and Ch. 323, L. 190^.) 

Note.— Ch. 457, L. 1871, establishes the southerly bounds of the State 
lands at Clinton Prison. See post p. 67. 

Sing Sing Prison farm. — § 68. The agent and warden of 
the Sing Sing Prison shall continue to have charge of the farm 
and premises on which the same is situated and it shall be his 
duty to rent or otherwise use or improve the same to the best 
advantage of the State, but no lease shall be made by him for 
a longer term than three years. 


25 


ARTICLE 11. 


Of the Disposition, Discipline and Instruction of Prison¬ 


ers. 

Section 69. 

70. 

71. 

72. 

73. 

74. 

75. 

76. 

77. 

78. 

79. 

80. 
81. 

82. 

83. 

84. 

85. 

86 . 

87. 

88 . 

89. 

90. 

91. 

92. 

93. 


Sentence of convicts in certain districts. 

Court to examine before sentence; to be included in commit¬ 
ment. 

Delivery of commitment with prisoner; payment of fees for 
transportation. 

Imprisonment of convict sentenced to death and commuted by 
Governor. 

Transfer from one prison to another. 

Prisoners subject to parole. 

Board of Commissioners for Paroled Prisoners. 

Meetings—application for release on parole or for discharge. 
Biographical record of prisoners on indeterminate sentence. 
Release on parole of prisoners on indeterminate sentence. 
Arrest of paroled prisoner, warrant for. 

Officer may arrest prisoner. 

Appearance of recaptured paroled prisoner before Parole 
Board; imprisonment after delinquency. 

Absolute discharge of paroled prisoner. 

Not affect Governer’s powers to pardon or commute. 

Prison instruction. 

Single cells. 

Clothing, bedding and food of prisoners. 

Prison punishment. 

Solitary confinement on short rations. 

Escaped prisoners, reward for; increased imprisonment be¬ 
cause of escape. 

Warden to report as to prisoner believed insane when crime 
was committed. 

Inquest of coroner on death of prisoner. 

Contagious disease in prison. 

Fire in prison. 


Sentence of convicts in certain districts.— § 69. All 
male convicts sentenced to imprisonment in a State prison in the 
first and second judicial districts shall be sentenced to the Sing 
Sing Prison, and all so sentenced in the third and fourth judi¬ 
cial districts, shall be sentenced to the Clinton Prison, and all 
so sentenced in the fifth, sixth, seventh and eighth judicial 
districts shall be sentenced to the Auburn Prison. 

Note. —See sections of Penal Code, post 

Court to examine before sentence; to be included in 
COMMITMENT. — § 70. It shall be the duty of the court in which 
any person shall be convicted of an offence punishable in a State 
prison, before passing the sentence therefor, to ascertain by the 
examination of such convict on oath, and in addition to such 
oath, by such other evidence as can be obtained, whether such 
convict had learned and practiced any mechanical trade, and in 
like manner such other facts tending to indicate the causes of 
the criminal character or conduct of such convict, as to the court 
shall seem proper and desirable, and the court shall direct the 
clerk of the court to enter such of the facts so ascertained, and 


26 


such other facts as to the court shall seem proper and desirable, 
upon the minutes of the court, and said clerk shall include a copy 
thereof in the certified copy of the sentence of such convict which 
shall be delivered to the sheriff of the county in which such 
conviction shall be had. 

Delivery of commitment with prisoner; payment of fees 
FOR TRASPORTATION. — § 71. Whenever any convict shall be 
delivered to the agent and warden of either of said State pris¬ 
ons, in pursuance of such sentence, the officers so delivering 
such convict, shall deliver to such agent and warden, the certi¬ 
fied copy of the sentence received by such officer from the clerk 
of the court by which such convict shall have been sentenced, 
and such agent and warden shall deliver to such officer a certifi¬ 
cate of the delivery of such convict, and the fees of such officer 
for transporting such convict shall be paid by the Treasurer upon 
the warrant of the Comptroller. 

Note. —Fees of sheriffs for conveying convicts from county prison to 
state prisons fixed by Ch. 128, L. 1877. See post p. 67. 

Imprisonment of convict sentenced to death and com¬ 
muted BY governor. — § 72. The agent and warden of each 
of said prisons shall receive into the prison under his charge, 
on the order of the Governor, any person convicted of any crime 
punishable by death, or who shall be pardoned, on condition of 
being confined either for life or a term of years in a State prison, 
and confine such prisoner according to the terms of such condi¬ 
tion. 

Transfer from one prison to another. — § 73. Whenever 
the transfer of a prisoner or prisoners from one State prison to 
another shall be ordered by the Superintendent of State Prisons, 
the agent and warden of the prison from which such transfer 
is to be made, shall cause the prisoners to be sufficiently chained 
in pairs so far as practicable, and to be transported to the prison 
to which they are so ordered to be transferred, and to be deliv¬ 
ered together with the certified copies of their sentences to the 
agent and warden of such last-mentioned prison, who shall re¬ 
ceive and keep them according to their sentences respectively, 
as if they had been originally sentenced thereto. The persons 
so employed to transport such prisoners shall prohibit all inter¬ 
course between them, and may inflict any reasonable and neces¬ 
sary correction upon such prisoners for disobedience or miscon¬ 
duct in any respect. All necessary expenses of such transfer of 
such prisoners shall be deemed a part of the incidental expenses 
of the prison from which they shall be trans:^erred. The neces¬ 
sary expenses of the transfer of any prisoner from a State 
prison to the State Asylum for Insane Criminals, or to any other 
penal institution, shall also be deemed a part of the incidental 
expenses of such prison. 

Prisoners subject to parole’.— § 74. Every person now 
confined in a State prison, or in the Eastern New York Reform- 


27 


atory, under sentence for a definite term for a felony, the max¬ 
imum penalty for which is imprisonment for five years or less, 
exclusive of fines, who has never before been convicted of a 
crime punishable by imprisonment in a State prison shall be sub¬ 
ject to the jurisdiction of the Board of Commissioners of Paroled 
Prisoners and may be paroled in the same manner and subject 
to the same conditions and penalties as prisoners confined un¬ 
der indeterminate sentences. The minimum and maximum 
terms of the sentences of said prisoners are hereby fixed and 
determined to be as follows: The definite term for which each 
person is sentenced shall be the maximum limit of his term, and 
one-third of the definite term of his sentence shall be the mini¬ 
mum limit of his term. (As amended by Ch. 260, L. 1901, 
and by Ch. 500, L. 1902,) 

Note.— Definition of terms ‘‘definite” and “indeterminate” is given in 

1, Ch. 21, L. 1886, on page 75. 

Board of Commissioners for Paroled Prisoners—parole 
OFFICER. — § 75. The members of the State Commission of Pris¬ 
ons shall hereafter constitute a Board of Commissioners for Pa¬ 
roled Prisoners for the State prisons and the Eastern New York 
Reformatory, and the Board of Parole constituted by section two, 
of chapter three hundred and forty-eight, of the laws of nineteen 
hundred for the Eastern New York Reformatory is hereby abol¬ 
ished. The Superintendent of State Prisons shall appoint a pa¬ 
role officer for each prison. It shall be the duty of such officers 
to aid paroled prisoners in securing employment and to visit and 
exercise supervision over them while on parole, and they shall 
have such authority and perform such other duties as the Board 
of Commissioners for Paroled Prisoners may direct. The sal¬ 
ary of each parole officer shall not exceed twelve hundred dollars 
per annum which together with his actual and necessary travel¬ 
ing expenses shall be payable from the maintenance fund of the 
prison to which he is assigned. (As amended by Ch. 260, L. 
1901.) 

Meetings — application for release on parole or for 
DISCHARGE.— § 76. A majority of the Board of Commissioners 
of Paroled Prisoners shall constitute a quorum for the transac¬ 
tion of business, and they shall meet upon dates to be fixed by 
them in the months of April and October in each year, and at 
such other times as they may deem necessary. Each prisoner 
confined in a State prison, or in the Eastern New York Reform¬ 
atory, may upon the expiration of the minimum term of his sen¬ 
tence, make application to the board, in writing and in such 
form as they may prescribe^ for his release upon parole, or for 
an absolute discharge as hereinafter provided, and said board 
is hereby prohibited from entertaining any other form of appli¬ 
cation or petition for the release upon parole or absolute dis¬ 
charge of any prisoner. (As amended by Ch. 260, L. 1901.) 

Note— The foregoing Sections 74, 75 and 76 were amended by Section one 
of Chapter 260, Laws of 1901, and the other Sections of said Chapter 260, 
are as follows: 


28 


§ 2. Nothing herein contained shall affect the right or lia¬ 
bility of convicts to earn or forfeit commutation of sentence as 
provided by chapter twenty-one of the laws of eighteen hun¬ 
dred and eighty-six. 

§ 3. All acts or parts of acts inconsistent with the provisions 
of this act are hereby repealed. 

§ 4. This act shall take effect September first, nineteen hun¬ 
dred and one. 

Biographical record of prisoners on indeterminate sen¬ 
tence. — § 77. The Superintendent of State Prisons shall cause 
to be kept, at each State prison, a full and accurate record of 
each prisoner therein confined upon an indeterminate sentence 
as aforesaid, which record shall include a biographical sketch 
covering such items as may indicate the causes of the criminal 
character or conduct of the prisoner, and also a record of the 
demeanor, education and labor of the prisoner while confined in 
such prison; and whenever such prisoner is transferred, from 
one prison to another, a copy of such record or an abstract of 
the substance thereof, together with the certified copy of the 
sentence of such prisoner shall be transmitted with such pris¬ 
oner to the prison to which he shall be transferred. 

Note,—T his section with Ch. 21, L. 1886, supersedes § 3, Ch. 417, L. 1862 
as amended by Ch. 415, L. 1863. 

Release on parole of prisoners on indeterminate sen¬ 
tence. — § 78. If it shall appear to said Board of Commission¬ 
ers of Paroled Prisoners, upon an application by a convict for 
release on parole as hereinbefore provided that there is reason¬ 
able probability that such applicant will live and remain at lib¬ 
erty without violating the law, then said Board of Commissioners 
may authorize the release of such applicant upon parole, and 
such applicant shall thereupon be allowed to go upon parole out¬ 
side said prison walls and enclosure upon such terms and con¬ 
ditions as said board shall prescribe, but to remain, while so on 
parole, in the legal custody and under the control of the agent 
and warden of the State prison from which he is so paroled, 
until the expiration of the maximum term specified in his sen¬ 
tence as hereinbefore provided, or until his absolute discharge 
as hereinafter provided. 

Arrest of paroled prisoner, warrant for.— § 79. If 
the agent and warden of the prison from which such prisoner 
was paroled, or said board or any member thereof shall have 
reasonable cause to believe that the prisoner so on parole has 
violated his parole and has lapsed or is probably about to lapse 
into criminal ways or company, then such agent and warden or 
said board, or any member thereof, may issue his warrant for 
the retaking of such prisoner. (As amended by Ch. 500, L. 
1902.) 

Officer may arrest prisoner. — § 80. Any officer of said 
prison, any parole officer, or any officer authorized to serve 


29 


criminal process within this State to whom such warrant shall 
be delivered is authorized and required to execute said warrant 
by taking said prisoner and returning him to said prison, within 
the time specified in said warrant therefor. Such officer other 
than an officer of the prison, or parole officer, shall be entitled 
to receive the same fees therefor as upon the execution of a 
warrant of arrest at the place where said prisoner shall be re¬ 
taken, and as for transporting a convict from the place of arrest 
to the prison, in case such officer also transports said prisoner 
to the prison. Such fees of the officer other than a prison officer, 
or parole officer, and the expenses of a prison officer in execut¬ 
ing such warrant shall be paid by the agent and warden of the 
prison out of the moneys standing to the credit of such paroled 
prisoner as hereinafter provided, if any or sufficient therefor, 
and otherwise out of the funds of the prison. The parole offi¬ 
cers, for purposes of identification, may, within this State, meas¬ 
ure, describe and photograph prisoners in accordance with the 
Bertillon system. {As amended hy Ch. 500, L. 1902.) 

Appearance of recaptured paroled prisoner before 
Parole Board; IMPRISONMENT AFTER DELINQUENCY.— § 81. At 
the next meeting of the Board of Commissioners of Paroled Pris¬ 
oners, held at such prison, after the issuing of a warrant for 
the retaking of any paroled prisoner, said board shall be noti¬ 
fied thereof. If said prisoner shall have then been returned to said 
prison, he shall be given an opportunity to appear before said 
board, and the said board may after such opportunity has been 
given, or in case said prisoner has not yet been returned, de¬ 
clare said prisoner to be delinquent, and he shall whenever ar¬ 
rested by virtue of such warrant be thereafter imprisoned in 
said prison for a period equal to the unexpired maximum term 
of sentence of such prisoner, at the time such delinquency is 
declared, unless sooner released on parole or absolutely dis¬ 
charged by the Board of Commissioners of Paroled Prisoners. 

Absolute discharge of paroled prisoner. — § 82. If it 
shall appear to said Board of Commissioners that there is reason¬ 
able probability that any prisoner so on parole will live and re¬ 
main at liberty without violating the law, and that his absolute 
discharge from imprisonment is not incompatible with the well- 
fare of society, then said Board of Commissioners shall, if such 
prisoner was originally sentenced to an indeterminate term, is¬ 
sue to said prisoner an absolute discharge from imprisonment 
upon such sentence, which shall be effective therefor, and if 
such prisoner was originally sentenced to a definite term the 
said Board of Commissioners shall report his case to the Gover¬ 
nor, with such information and recommendations as they may 
deem proper, for his discretionary action. {As amended hy Ch. 
500, L. 1902.) 

Not affect Governor’s powers to pardon or commute.— 
§ 83. Nothing herein contained shall be construed to impair 


30 


the power of the Governor of the State to grant a pardon or 
commutation in any case. 

Prison INSTRUCTION. — § 84. It shall be the duty of the agent 
and warden of each of such prisons, so far as practicable and 
necessary, to appoint as keepers of such prison, persons quali¬ 
fied to instruct the prisoners in the trades and manufactures 
prosecuted in such prison, or in other industrial occupations. 
Instruction shall also be given in the useful branches of an Eng¬ 
lish education to such prisoners as in the judgment of the agent 
and warden or chaplain, may require the same and be benefited 
thereby. The time devoted to such instruction shall not be less 
than an average of one hour and a half daily, Sunday excepted, 
between the hours of six and nine in the evening, in such room 
or rooms as may be provided for that purpose. 

Single cells. — § 85. Whenever there shall be a sufficient 
number of cells in the prison, it shall be the duty of the warden 
to keep each prisoner single in his cell at night, and also in the 
daytime when not employed, unless such prisoner be then re¬ 
leased on parole. 

Clothing, bedding and food of prisoners. — § 86. The 
clothing and bedding of the prisoners shall be of coarse materi¬ 
als, and shall be manufactured as far as practicable in the pris¬ 
on. The prisoners shall be supplied with a sufficient quantity 
of inferior but wholesome food. 

Prison PUNISHMENT.— § 87. The punishment commonly known 
as the shower bath, crucifix, and yoke and buck are hereby abol¬ 
ished in all the State prisons and penitentiaries of this State. 
No keeper in any prison shall inflict any blows whatever upon 
any prisoner, unless in self-defense, or to suppress a revolt or 
insurrection. When several prisoners combine, or any single 
prisoner shall offer violence to any officer of a State prison, or 
to any other prisoner, or do or attempt to do any injury to the 
building or any workshop or to any appurtenances thereof, or to 
any property therein, or shall attempt to escape, or shall resist 
or disobey any lawful command, the officers of the prison shall 
use all suitable means to defend themselves, to enforce observa¬ 
tion of discipline; to secure the person of the offenders, and to 
prevent any such attempt or escape. 

Solitary confinement on short rations.— § 88. If in the 
opinion of the agent and warden of such prison it shall be deemed 
necessary, in any case, to inflict unusual punishment in order 
to produce the entire submission or obedience of any prisoner, 
it shall be the duty of such agent and warden to confine such 
prisoner immediately in a cell, upon a short allowance, and to re¬ 
tain him therein until he shall be reduced to submission and 
obedience. The short allowance of each prisoner so confined 
shall be prescribed by the physician, whose duty it shall be to 
visit such prisoner and examine daily into the state of his health 


31 


until the prisoner be released from solitary confinement and re¬ 
turned to his labor. 

Escaped prisoners, reward for; increased imprison¬ 
ment BECAUSE OF ESCAPE — § 89. Whenever any prisoner 
confined in a State prison, and not released on parole, shall es¬ 
cape therefrom, it shall be the duty of the agent and warden of 
such prison to take all proper measures for the apprehension of 
the prisoner or prisoners so escaped; and in his discretion he 
may offer a reward not exceeding fifty dollars for the appre¬ 
hension and delivery of every such escaped prisoner or prison¬ 
ers; and, with the consent of the Superintendent of State Pris¬ 
ons, such reward may be increased to a sum not exceeding two 
hundred and fifty dollars each. The agent and warden of a 
State prison may pay a reward not exceeding fifty dollars for 
the apprehension and delivery of any such escaped prisoner, 
whether such reward shall have been previously offered or not. 
Any such prisoner, escaped from any State prison or peniten¬ 
tiary in this State, and afterwards arrested, shall serve out the 
full balance of his sentence remaining unexpired at the time of 
such escape, notwithstanding the time may have expired previ¬ 
ous to his recovery, as if he had remained in prison, except as 
provided by chapter twenty-one of the laws of eighteen hun¬ 
dred and eighty-six. All suitable rewards and other sums of 
money paid for so advertising and apprehending any such es¬ 
caped prisoner shall be paid by the agent and warden out of the 
funds of the prison. 

Note.— See sections of the Penal Code, post 

Warden to report as to prisoner believed insane when 
CRIME was committed. — § 90. Whenever the agent and 
warden of a State prison shall have reason to believe that any 
prisoner in the prison was insane at the time he committed the 
offense for which he was sentenced, such warden shall commu¬ 
nicate in writing to the Governor his reason for such opinion, 
and shall refer the Governor to all the sources of information 
with which he may be acquainted in relation to the insanity of 
such prisoner. 

Inquest OF CORONER ON DEATH OF PRISONER.— § 91. When¬ 
ever a prisoner shall die in any State prison, it shall be the duty 
of the Superintendent of State Prisons, and of the agent and 
warden, physician and chaplain of the prison, if they or either 
of them shall have reason to believe that the death of the pris¬ 
oner arose from any other cause than ordinary sickness, to call 
upon the coroner having jurisdiction, to hold an inquest upon 
the body of such deceased prisoner. 

Contagious disease in prison.— § 92. In case any pesti¬ 
lence or contagious disease shall break out among the prisoners 
in either of the State prisons, or in the vicinity of such prisons, 
the Superintendent of State Prisons may cause the prisoners 


32 


confined in such prison, or any of them, to be removed to some 
suitable place of security, where such of thern as may be sick 
shall receive all necessary care and medical assistance; such pris¬ 
oners shall be returned as soon as may be to the State prison 
from which they were taken, to be confined therein according 
to their respective sentences. 

Fire in prison.— § 93. Whenever by reason of any State 
prison, or any building contiguous to such prison, being on fire, 
there shall be reason to apprehend that the prisoners may be 
injured or endangered by such fire, or may escape, it shall be 
the duty of the agent and warden of such prison to remove such 
prisoners to some safe and convenient place, and there confine 
them until the necessity of such removal shall have ceased. 

Note.—§ 94 repealed by Ch. 692, L. 1893. 


ARTICLE III. 

Of the Labor of Prisoners. 


Section 95. 

96. 

97. 

98. 

99. 
100 . 
101 . 
102 . 

103. 

104. 

105. 

106. 

107. 

108. 

109. 

110 . 
111 . 

112 . 

113. 

114. 

115. 

116. 
117. 


Prisoners, how graded. 

Promotions and reductions in grades. 

Contracts prohibited. 

Prisoners to be employed; products of labor of prisoners. 

Ijabor of prisoners of first grade, how directed. 

Labor of prisoners of the second grade, how directed. 

Labor of prisoners of third grade, how directed. 

Prisoners employed for use of State, etc. 

Labor of prisoners in prisons and penitentiaries. 

Classification of industries; report as to industries. 

Articles manufactured to be furnished to State, etc; duties of 
officers. 

Estimates of articles required to be furnished Commission of 
Prisons by officers. 

Board of Classification—prices to be fixed. 

Earnings of prisoners. 

Disposition of fines. 

Disposition of moneys paid to prisoner for his labor. 

Monthly statement of receipts and expenditures for prison in¬ 
dustries. 

Statement of machinery, etc., required. 

Machinery and materials for prison industries, how purchased. 
Purchases to be included in estimates. 

Deposits by agent and warden in banks. 

United States prisoners. 

Violations of prison labor regulations. 


Prisoners, how graded.— § 95. The Superintendent of 
State Prisons shall direct the classification of prisoners into three 
classes or grades, as follows: In the first grade shall be included 
those appearing to be corrigible or less vicious than the others 
and likely to observe the laws and to maintain themselves by 
honest industry after their discharge; in the second grade shall 
be included those appearing to be incorrigible or more vicious, 
but so competent to work and so reasonably obedient to prison 


33 


discipline as not seriously to interfere with the productiveness 
of their labor, or of the labor of those in company with whom 
they may be employed; in the third grade shall be included those 
appearing to be incorrigible or so insubordinate or so incompe¬ 
tent otherwise than from temporary ill health as to seriously 
interfere with the discipline or productiveness of the labor of 
the prison. 

Promotions and reductions in grades. — § 96. The Su¬ 
perintendent of State Prisons may make rules and regulations 
for the promotion or reduction of the prisoners from one grade 
to another, and shall transfer from time to time the prisoners in 
the State prisons from one prison to another with reference 
to the respective capacities of the several State prisons, or with 
reference to the health or reformation of the prisoners, or with 
reference to including all prisoners of one grade as nearly as may 
be practicable in one prison, or may direct the separation from 
each other of the prisoners of different grades so far as practi¬ 
cable within each State prison. 

Contracts prohibited. — § 97. The Superintendent of State 
Prisons shall not, nor shall any other authority whatsoever, 
make any contract by which the labor or time of any prisoner 
in any State prison, reformatory, penitentiary or jail in this 
State, or the product or profit of his work, shall be contracted» 
let, farmed out, given or sold to any person, firm, association or 
corporation; except that the convicts in said penal institutions 
may work for, and the products of their labor may be disposed 
of, to the State or any political division thereof or for or to any 
public institution owned or managed and controlled by the State, 
or any political division thereof. (As amended by Ch. J^29, L. 
1896.) 

Note. — See Const, art. Ill, ^ 29,ante page 5. Contract entered into prior to 
adoption of Constitution not annulled by such adoption. Bronk vs. Barckley 
App. Div. 72. 

The foregoing section (97) supersedes § 1 Ch. 21, L. 1884. Ch. 737, L. 
1894, “an act to regulate the employment of prison labor in the manufact¬ 
ure of brooms and brushes made of broom corn'’ is made obsolete by the 
Constitution and foregoing Sec. 97. 

Section 3, Ch. 382, L. 1889 as amended, provides that the labor in all penal 
institutions of the State shall be conducted as authorized at State prisons by 
the sections 97 and 98 of this act. See post p. 43. 

Prisoners to be employed; products of labor of prison¬ 
ers. — § 98. The Superintendent of State Prisons, the superin¬ 
tendents, managers and officials of all reformatories and peni¬ 
tentiaries in the State, shall, so far as practicable, cause all 
the prisoners in said institutions, who are physically capable 
thereof, to be employed at hard labor, for not to exceed eight 
hours of each day, other than Sundays and public holidays, but 
such hard labor shall be either for the purpose of production of 
supplies for said institutions, or for the State, or any political 
division thereof, or for any public institution owned or man- 


3 


34 


aged and controlled by the State, or any political division thereof; 
or for the purpose of industrial training and instruction, or 
partly for one, and partly for the other of such purposes. (As 
amended by Ch. Jf29, L. 1896.) 

Note.—S ee note to § 97. 

Labor of prisoners of first grade, how directed.— 
§ 99. The labor of the prisoners of the first grade in each of said 
prisons, reformatories and penitentiaries, shall be directed with 
reference to fitting the prisoner to maintain himself by honest 
industry after his discharge from imprisonment, as the pri¬ 
mary or sole object of such labor, and such prisoners of the first 
grade may be so employed at hard labor for industrial training 
and instruction solely, even though no useful or salable products 
result from their labor, but only in case such industrial train¬ 
ing or instruction can be more effectively given in such manner. 
Otherwise, and so far as is consistent with the primary object 
of the labor of prisoners of the first grade as aforesaid, the la¬ 
bor of such prisoners shall be so directed as to produce the 
greatest amount of useful products, articles and supplies needed 
and used in the said institutions, and in the buildings and offices 
of the State, or those of any political division thereof, or in any 
public institution owned and managed and controlled by the 
State or any political division thereof, or said labor may be for 
the State, or any political division thereof. (As amended by 
Ch. Jf29, L. 1896.) 

Labor of prisoners of the second grade, how directed. — 
§ 100. The labor of prisoners of the second grade in said 
prisons, reformatories and penitentiaries shall be directed pri¬ 
marily to labor for the State or any political division thereof, 
or to the production and manufacture of useful articles and 
supplies for said institutions, or for any public institution owned 
or managed and controlled by the State, or any political division 
thereof. (As amended by Ch. U29, L. 1896.) 

Labor of prisoners of third grade, how directed. — § 101. 
The labor of prisoners of the third grade shall be directed to 
such exercise as shall tend to the preservation of health, or 
they shall be employed in labor for the State, or a political di¬ 
vision thereof, or in the manufacture of such useful articles and 
supplies as are needed and used in the said institutions, and in 
the public institutions owned or managed and controlled by the 
State, or any political division thereof. (As amended by Ch. Jf29y 
L. 1896.) 

Prisoners EMPLOYED for use of State, etc.— § 102. All 
convicts sentenced to State prisons, reformatories and peniten¬ 
tiaries in the State, shall be employed for the State, or a poli¬ 
tical division thereof, or in productive industries for the benefit 
of the State, or the political divisions thereof, or for the use of 
public institutions owned or managed and controlled by the 


35 


State, or the political divisions thereof, which shall be under 
rules and regulations for the distribution and diversification 
thereof, to be established by the State Commission of Prisons. 
(As amended by Ch. J^29, L. 1896.) 

Note-P rinting and photo-engraving not to be done in State prisons. 
Ch. 645, L. 1898, post. Commission of Prisons, organization, powers and 
duties, Ch. 1026, L. 1895, post. Constitution Art. VIII, § 11, ante. 

Labor of prisoners in prisons and penitentiaries. - § 103. 
The labor of the convicts in State prisons and reformatories in 
the State, after the necessary labor for and manufacture of all 
needed supplies, for said institutions, shall be primarily devoted 
to the State and the public buildings and institutions thereof, 
and the manufacture of supplies for the State, and public in¬ 
stitutions thereof, and secondly to the political divisions of the 
State, and public institutions thereof; and the labor of the con¬ 
victs in the penitentiaries, after the necessary labor for and 
manufacture of all needed supplies for the same, shall be pri¬ 
marily devoted to the counties, respectively, in which said pen¬ 
itentiaries are located, and the towns, cities and villages therein, 
and to the manufacture of supplies for the public institutions of 
the counties, or the political divisions thereof, and secondly to 
the State and the public institutions thereof, (^s amended by 
Ch. Ji,29y L. 1896.) 

Note.—C onst., Art. Ill, ^ 29. 

Classification of industries; report as to industries.— 
§ 104. It shall be the duty of the Superintendent of State 
Prisons to distribute, among the penal institutions under his 
jurisdiction, the labor and industries assigned by the commission 
to said institutions, due regard being had to the location and 
convenience of the prisons, and of the other institutions to be 
supplied, the machinery now therein and the number of pris¬ 
oners, in order to secure the best service and distribution of the 
labor, and to employ prisoners, so far as practicable, in occupa¬ 
tions in which they will be most likely to obtain employment 
after their discharge from imprisonment; to change or dispose 
of the present plants and machinery in said institutions now 
used in industries which shall be discontinued, and which can¬ 
not be used in the industries hereafter to be carried on in said 
prisons, due effort to be made by full notice to probable pur¬ 
chasers, in case of sales of industries or machinery, to obtain 
the best price possible for the property sold, and good will of 
the business to be discontinued. The Superintendent of State 
Prisons shall annually cause to be procured and transmitted to 
the Legislature, with his annual report, a statement showing in 
detail the amount and quantity of each of the various articles 
manufactured in the several penal institutions under his con¬ 
trol and the labor performed by convicts therein, and of the 
disposition thereof, amended by Ch. ^29y L. 1896.) 

Articles manufactured to be furnished to State, etc; 


36 


DUTIES OF OFFICERS. — § 105. The Superintendent of State Pris¬ 
ons, and the superintendents of reformatories and penitentia¬ 
ries, respectively, are authorized and directed to cause to be man¬ 
ufactured by the convicts in the prisons, reformatories and pen¬ 
itentiaries, such articles as are needed and used therein, and 
also such as are required by the State or political divisions there¬ 
of, and in the buildings, offices and public institutions owned or 
managed and controlled by the State, including articles and ma¬ 
terials to be used in the erection of the buildings. All such ar¬ 
ticles manufactured in the State prisons, reformatories and 
penitentaries, and not required for use therein, shall be of the 
styles, patterns, designs and qualities fixed by the Board of 
Classification, and may be furnished to the State, or to any po¬ 
litical division thereof, or for or to any public institution owned 
or managed and controlled by the State, or any political division 
thereof, at and for such prices as shall be fixed and determined 
as hereinafter provided, upon the requisitions of the proper offi¬ 
cials, trustees or managers thereof. No article so manufactur¬ 
ed shall be purchased from any other source, for the State or 
public institutions of the State, or the political divisions thereof, 
unless said State Commission of Prisons shall certify that the 
same cannot be furnished upon such requisition, and no claim 
therefor shall be audited or paid without such certficate. (As 
amended by Ch. U29, L. 1896 and by Ch. W, L. 1903.) 

Estimates of articles required to be furnished Com¬ 
mission OF Prisons by officers.— § 106. On or before Octo¬ 
ber first in each year, the proper officials of the State, and the 
political divisions thereof, and of the institutions of the State, 
or political divisions thereof, shall report to the said Commis¬ 
sion of Prisons estimates for the ensuing year of the amount of 
supplies of different kinds required to be purchased by them that 
can be furnished by the penal institutions in the State. 
The said commission is authorized to make regulations for said 
reports, to provide for the manner in which requisitions shall 
be made for supplies, and to provide for the proper diversifica¬ 
tion of the industries in said penal institutions. {As amended 
by Ch. m, L. 1896.) 

Board OF Classification—prices TO BE FIXED.— § 107. The 
Fiscal Supervisor of State Charities, the State Commission of 
Prisons, and the Superintendent of State Prisons and the Lunacy 
Commission are hereby constituted a board to be known as the 
Board of Classification. Said board shall fix and determine the 
prices at which all labor performed, and all articles manufac¬ 
tured in the charitable institutions managed and controlled by 
the State and in the penal institutions in this State, and furnish¬ 
ed to the State, or the political divisions thereof, or to the public 
institutions thereof, shall be furnished, which prices shall be 
uniform to all, except that the prices for goods or labor furnish¬ 
ed by the penitentiaries to or for the county in which they are lo- 


37 


cated, or the political divisions thereof, shall be fixed by the 
board of supervisors of such counties, except New York and 
Kings Counties, in which the prices shall be fixed by the Com¬ 
missioners of Charities and Correction, respectively. The prices 
shall be as near the usual market price for such labor and sup¬ 
plies as possible. The State Commission of Prisons shall devise 
and furnish to all such institutions a proper form for such re¬ 
quisition, and the Comptroller shall devise and furnish a proper 
system of accounts to be kept for all such transactions. It shall 
also be the duty of the Board of Classification to classify the 
buildings, offices and institutions owned or managed and con¬ 
trolled by the State, and it shall fix and determine the styles, 
patterns, designs and qualities of the articles to be manufactured 
for such buildings, offices and public institutions, in the charit¬ 
able and penal institutions in this State. So far as practicable, all 
supplies used in such buildings, offices and public institutions 
shall be uniforni for each class, and of the styles, patterns, de¬ 
signs and qualities that can be manufactured in the penal in¬ 
stitutions in this State. {As amended hy Ch. U73, L. 1895; Ch. 
Jf29, L. 1896; Ch, 623, L. 1897; Ch. Jfl8, L. 1901 and Ch. W, 
L. 1903.) 

Earnings of prisoners.— § 108. Every prisoner confined 
in the State prisons, reformatories and penitentiaries, who shall 
become entitled to a diminution of his term of sentence by good 
conduct, may, in the discretion of the agent and warden, or of 
the superintendent of the reformatory, or superintendent of the 
penitentiary, receive compensation from the earnings of the 
prison or reformatory or penitentiary in which he is confined, 
such compensation to be graded by the agent and warden of the 
prison for the prisoners therein, and the superintendent of the 
reformatory and penitentiary, for the prisoners therein, for the 
time such prisoners may work, but in no case shall the compen¬ 
sation allowed to such convicts exceed in amount ten percentum 
of the earnings of the prison or reformatory or penitentiary in 
which they are confined. The difference in the rate of compen¬ 
sation shall be based both on the pecuniary value of the work 
performed, and also on the willingness, industry and good con¬ 
duct of such prisoner; provided, that whenever any prisoner 
shall forfeit his good time for misconduct or violation of the 
rules or regulations of the prison, reformatory or penitentiary, 
he shall forfeit out of the compensation allowed under this sec¬ 
tion fifty cents for each day of good time so forfeited; and pro¬ 
vided, that prisoners serving life sentences shall be entitled to 
the benefit of this section when their conduct is such as would 
entitle other prisoners to a diminution of sentence, subject to 
forfeiture of good time for misconduct as herein provided. The 
agent and warden of each prison, or the superintendent of the 
reformatory or superintendent of the penitentiary may institute 
and maintain a uniform system of fines, to be imposed at his 


38 


discretion, in place of his other penalities and punishments, to 
be deducted from such compensation standing to the credit of 
any prisoner, for misconduct by such prisoner. (i4s amended 
by Ch. U29, L. 1896.) 

Disposition of fines. — § 109. All moneys received for fines 
under this act, from prisons and reformatories, shall be credited 
to a general fund, and be disbursed by direction of the Super¬ 
intendent of Prisons, for special aid to discharged prisoners who 
are infirm, indigent, or in any way incapable, to an unusual de¬ 
gree, of earning a sufficient subsistence after their release, and 
all moneys received for fines imposed under this act by the su¬ 
perintendent of penitentiaries, shall be credited to a general 
fund and be disbursed by direction of the board of supervisors 
of the counties in which they are located, except that in the 
Counties of New York and Kings they shall be disbursed by 
direction of the Commission of Charities and Corrections. (As 
amended by Ch. U29, L. 1896.) 

Disposition of moneys paid to prisoner for his labor. — 
§ 110. The amount of such surplus standing on the books of the 
prison, to the credit of any prisoner may be drawn by the pri¬ 
soner during his imprisonment, only upon the certified approval 
of the Superintendent of State Prisons for disbursement by the 
agent and warden of said prison or superintendent of said re¬ 
formatory to aid dependent relatives of such prisoner, or for 
books, instruments and instruction not supplied by the prison to 
the men of his grade, or may with the approval of the said Su¬ 
perintendent of State Prisons be so disbursed without the con¬ 
sent of such prisoner, but no portion thereof shall be disbursed 
for indulgences of food, clothing or ornament beyond the com¬ 
mon condition of the others in his class in the prison at the time. 
And any balance to the credit of any prisoner at the time of his 
conditional release as provided by this act, shall be subject to the 
draft of the prisoner in such sums and at such times as the 
Superintendent of State Prisons shall approve; but, at the date 
of the absolute discharge of any prisoner the whole amount of 
credit balance as aforesaid shall be subject to his draft at his 
pleasure. Provided, that any prisoner violating his conditional 
release, when the violation is formally declared by the Board of 
Commissioners of Paroled Prisoners, or by the board of managers 
of said reformatory shall thereby forfeit any credit balance; and 
the amount thereof shall be transferred to the fund in aid of 
discharged prisoners, as herein provided for fines imposed, 
except such portion thereof as may be applied to pay the ex¬ 
pense of his recapture as hereinbefore provided. 

Monthly statement of receipts and expenditures for 
PRISON INDUSTRIES.— § 111. The agent and warden of each of 
the State prisons, shall, on the first of each month, make a full 
detailed statement of all materials, machinery or other property 


39 


procured, and of the cost thereof, and of the expenditures made 
during the last preceding month for manufacturing purposes, 
together with a statement of all materials then on hand to be 
manufactured, or in process of manufacture, or manufactured, 
and of machinery, fixtures or other appurtenances to the pur¬ 
pose of carrying on the labor of the prisoners, and the amount 
and kinds of work done, and the earnings realized, and the total 
amount of moneys coming into his hands as such agent and 
warden during such last preceding month as the proceeds of the 
labor of the prisoners at such prison, which statement shall be 
verified by the oath of such agent and warden to be just and 
true, and shall be by him forwarded to the Superintendent of 
State Prisons. 

Note.— Monthly statement of receipts and expenditures for maintenance. 
See ^ 47 ante p. 15. 

Statement of machinery, etc. , required. — § 112. Such 
agent and warden shall also on the first day of each month, make 
an estimate and detailed statement of all materials, machinery, 
fixtures, tools or other appurtenances or accommodations, and of 
the cost thereof, which will, in his judgment, be necessary for 
carrying on the labor of the prisoners at such prison, both for 
the purposes of production, and of industrial training and edu¬ 
cation, for the next ensuing month, or which, in his judgment, 
should be contracted for during such month, which estimate 
shall be forwarded to the Superintendent of State Prisons, who 
may revise the same by reducing the amount thereof, and he 
shall certify that he has carefully examined the same, and that 
the articles contained in said estimate or in said estimates are 
so revised by him, are actually required for the use of the pris¬ 
on, and he shall thereupon deliver the said estimate so certified 
to the Comptroller, (^s amended by Ch. U29, L. 1896.) 

Machinery and materials for prison industries, how 
PURCHASED.— § 113. The agents and wardens of the State pris¬ 
ons with the approval of the Superintendent of State Prisons 
and the manager or other authorities by whatever name known 
having charge of the penal institutions of the State are author¬ 
ized within the appropriations which may be placed at their dis¬ 
posal by the State or by the county supporting such institutions 
to procure and maintain all necessary machinery, tools, appara¬ 
tus or accommodations needful for the purpose of carrying on 
and conducting such trades and industries as may be authorized 
under the provisions of this act. They shall purchase material 
in manner following: All purchases and contracts for the 
material to be used in the manufacture of goods in the State 
prisons and other penal institutions of the State shall be made 
by advertising for sealed proposals (except when in the judge¬ 
ment of the Superintendent of State Prisons it is for the best 
interest of the State to purchase the same in the open market). 
Whenever proposals for furnishing materials have been solicited 


40 


the parties responding to such solicitations shall be duly notified 
of the time and place of opening the bids and may be present 
either in person or by attorney and a record of each bid shall 
then and there be made. They shall advertise for said propos¬ 
als or bids daily for at least two weeks in one newspaper pub¬ 
lished in the City of Albany and two newspapers published in 
the City of New York specifying the classes and quantity of 
material required and furnish bidders on demand with printed 
schedules giving a full description of all of the materials required 
with date and place of delivery and all other necessary informa¬ 
tion. The person offering to furnish said materials upon terms 
most advantageous to the State, and who will give satisfactory 
security for the performance thereof (in case immediate de¬ 
livery is not required) shall receive the contract to furnish said 
material unless the Superintendent of State Prisons shall deem 
it to the best interest of the State to decline all proposals and 
advertise anew. 

Purchases to be included in estimates.— § 114. The 
agent and warden of each prison shall make purchases of the 
articles included in the estimate so certified to the Comptroller, 
as directed in section one hundred and thirteen, and it shall not 
be lawful for such agent and warden to make any purchases and 
contracts on behalf of the State for the industrial purposes of 
such prison unless such purchases and contracts shall have 
been included in such estimate filed with the Comptroller. (As 
amended by Ch. U29, L. 1896.) 

Deposits by agent and warden in banks. - | 115. The 
Comptroller shall designate a bank or banks convenient to each 
of said prisons for receiving deposits from the agent and war¬ 
den of such prison of all moneys coming to his hands as proceeds 
of the labor of the prisoners and of the sales of articles manu¬ 
factured by them therein. Before any such deposit shall be 
made by such agent and warden or received by any such bank 
such bank shall execute and file with the Comptroller a bond in 
such penal sum, with such sureties and upon such conditions as 
shall be approved by the Comptroller. The agent and warden 
of each of said prisons shall deposit, at least once in each week, 
in the bank or banks so designated by the Comptroller, all the 
moneys received by him as proceeds of the labor of the prison¬ 
ers, to his credit as such agent and warden, and sliall send to 
the Comptroller, and also to the Superintendent of State Prisons, 
weekly, a statement showing the amounts so received and de¬ 
posited, and when, from whom and for what received, and the 
days on which such deposits were made, which statement shall 
be certified by the proper officer of each bank receiving such 
deposits, and shall also be verified by the oath of such agent 
and warden, to the effect that the sum so deposited includes all 
the moneys received by him as the proceeds of the labor of the 
prisoners in said prison and of the sales of the articles manu- 


41 


factured by them during such week and up to the time of the 
last deposit appearing on such statement. The moneys so de¬ 
posited by such agent and warden shall be subject to his check 
or draft only when countersigned by the Comptroller. The 
Comptroller shall countersign such check or draft only when 
the same is drawn for the payment of an expenditure included 
in an estimate approved by the Superintendent of State Prisons. 
In case the balance of such deposits in any such bank shall at 
any time, in the judgment of the Comptroller, be in excess of 
the amount which will be needed to meet the expenses of such 
prison, the Comptroller shall notify the Treasurer of the State 
and also the said bank of the amount of such excess, which 
amount shall be added by such Treasurer to the prison fund in 
the treasury of the State, and shall be thereafter payable by 
said bank upon the draft of the said Treasurer only. It shall 
be the duty of the Comptroller at the commencement of each 
annual session of the Legislature, to report the financial con¬ 
dition of each of the prisons under the control of the Superin¬ 
tendent of Prisons. Such report shall state the amount and 
value of unmanufactured material on hand, the amount and 
value of manufactured goods unsold, the amount and value of 
goods sold but not paid for and the amount of money remain¬ 
ing on deposit in each bank in which funds are deposited as 
provided by this section, such losses as may occur from time to 
time, and also such other information as he shall deem proper 
relating to the manufacturing industries of the prisons. 

United States PRISONERS.— § 116. It shall not be lawful 
for the Superintendent of State Prisons, or the agents and war¬ 
dens, or managers or superintendents of any of the penal in¬ 
stitutions in this State, to hereafter receive or permit to be re¬ 
ceived therein, any prisoner convicted in the United States 
courts, held without the State of New York, or in any state 
other than that of the State of New York. It shall be lawful 
for the agents and wardens of the State prisons, and the man¬ 
agers of the reformatories of the State to receive prisoners con¬ 
victed and sentenced in the United States courts in this State, 
for one year or more, upon proper contracts made for their care 
and custody, to be approved by the Superintendent of State 
Prisons; but no prisoners sentenced in United States courts in 
this State, for one year or more, shall be received in any penal 
institution in this State, except in State prisons and reforma¬ 
tories as aforesaid. {Added hy Ch. 395, L. 1890, as amended 
by Ch, 130, L, 1892 and Ch. U29, L. 1896.) 

Violations of prison labor regulations.— § 117. Any 
contract made by the superintendent, agent or warden of any 
prison, or by any officer or any other authority whatsoever, of 
any prison, reformatory, penitentiary or other penal institution 
of this State, in violation of, or contrary to, the provisions of 
the act hereby amended, or contrary to, or in violation of, chap- 


42 


ter twenty-one of the laws of eighteen hundred and eighty-four, 
shall be null and void. It shall be the duty of any such officer 
or authorities to furnish to the Attorney-General, upon demand 
therefor, a true copy, if in writing, and if not, in substance, of 
any contract made by such officer or authorities, relating in any 
way to the system of labor adopted, or to the employment, of 
prisoners in any of said prisons, reformatories, penitentiaries or 
other penal institutions. Whenever the Attorney-General shall 
be satisfisd that any contract made as aforesaid is contrary to 
or in violation of this act hereby amended, or of said chapter 
twenty-one of the laws of eighteen hundred and eighty-four, or 
that any of the officers or authorities aforesaid have entered 
into or are engaged in any contract or arrangement for the la¬ 
bor of prisoners, or relating to the system adopted or continued 
in said institutions, and which contract or arrangement is con¬ 
trary to or in violation of law as aforesaid, if he shall be of the 
opinion that the facts require such action, he is hereby author¬ 
ized to bring an action in the Supreme Court in the name of the 
People of the State of New York, in any county which he may 
select, for the purpose of testing the validity of any contract or 
arrangement made by any of the officers herein named, relating 
in any way to the system of labor adopted, or the employment 
of prisoners in any of said prison*, reformatories, penitentiaries 
or other penal institutions, or to determine the validity of any 
act or thing done by any officer herein mentioned, which act or 
thing shall be alleged to have been in violation of the act hereby 
amended, or of chapter twenty-one of the laws of eighteen hun¬ 
dred and eighty-four. Any party to such contract, agreement 
or arrangement as aforesaid, or interested in the determination 
of such action, shall be made defendant, and pending the trial 
or hearing of the facts alleged, or of any issue made as afore¬ 
said, the court shall, upon notice of the Attorney-General, and 
upon a petition duly verified showing the making of any con¬ 
tract or arrangement in violation of the provisions of the act 
hereby amended, or of said chapter twenty-one of the laws of 
eighteen hundred and eighty-four, or of the doing of any act or 
thing by any of the parties defendant, in violation of either of said 
acts, grant an injunction order, restraining the parties named 
in said order from the further prosecution of the business com¬ 
plained of, or from the further performance of the contract or 
arrangement claimed to have been entered into as aforesaid, and 
to restrain and enjoin such officer or officers from the further 
continuence of any act alleged to be in violation of the act here¬ 
by amended, or of the said chapter twenty-one, of the laws of 
eighteen hundred and eighty-four. And any disobedience of 
such injunction order shall be punishable as provided by chap¬ 
ter one, title one, article two of the code of civil procedure. 
And upon any trial had, judgment shall follow the findings of 
fact made by the court or jury, as in other cases, and with costs. 


43 

in the discretion of the court. {Added by Ch. 559, L. 1890.) 

Note.—C h. 21, L. 1884 referred to in the foregoing section forbid the 
renewal of any old or the making of any new contract for convict labor. 
Such chapter is superseded by Art. Ill, ^ 29 of the Constitution and ^ 97 of 
the general prison law. 


^ 2. (Ch. 382, L. 1889) The following acts and parts of acts are hereby 
repealed, namely: 

Chapter two hundred and ninety-four of the laws of one thousand eight hun¬ 
dred and forty-eight, chapters one hundred and thirty-two and one hundred 
and thirty-three of the laws of one thousand eight hundred and forty-nine, 
chapters fifty-eight and two hundred and forty of the laws of one thousand 
.eight hundred and fifty-four, chapters three hundred and thirty-four, four 
hundred and fifty-six and five hundred and fifty-two of the laws of one thou¬ 
sand eight hundred and fifty-five, chapter ninety-four of the laws of one 
thousand eight hundred and fifty-seven, chapters two hundred and eighty- 
three and three hundred and ninety-nine of the laws of one thousand eight 
hundred and sixty, chapter four hundred and three of the laws of one thou¬ 
sand eight hundred and sixty-two, chapter four hundred and sixty-five of the 
laws of one thousand eight hundred and sixty-three, chapter forty-three of 
the laws of one thousand eight hundred and sixty-five, chapters three hun¬ 
dred and thirty and four hundred and fifty-eight of the laws of one thousand 
eight hundred and sixty-six, chapter eight hundred and sixty-nine of the 
laws of one thousand eight hundred and sixty-nine, chapter four huirared 
and fifty-one of the laws of one thousand eight hundred and seventy-four, 
chapter three hundred and thirty-nine of the laws of one thousand eight 
hundred and seventy-six, chapters twenty-four, one hundred and seven, twcJ 
hundred and fifty-three and three hundred and twelve of the laws of one 
thousand eight hundred and seventy-seven, chapter three hundred and sev¬ 
enty-three of the laws of one thousand eight hundred and seventy-nine, chap¬ 
ter eighty-three of the laws of one thousand eight hundred and eighty-three, 
chapter two hundred and eleven of the laws of one thousand eight hundred 
and eighty-four, chapter four hundred and eighty-five of the laws of one 
thousand eight hundred and eighty-six, and chapters four hundred and forty 
and five hundred and eighty-six of the laws of one thousand eight hundred 
and eighty-eight. But the repeal of any of the acts or parts of acts afore¬ 
said shall not affect the validity of any act heretofore done under, or in pur¬ 
suance thereof, nor shall the repeal of any of such acts which repeal previ¬ 
ous acts be held to restore such previous acts. 

Labor—HOW conducted in certain prisons. § 3. The Managers of the 
New York State Reformatory at Elmira, and the managing authorities of 
all the penitentiaries or other penal institutions in this State, are hereby 
authorized and directed to conduct the labor of prisoners therein, respect¬ 
ively, in like manner and under like restrictions, as labor is authorized by 
sections ninety-seven and ninety-eight of this act, as hereby amended, to be 
conducted in State prisons. (As amended by Ch. A29, L. 1896.) 

Note.— See § 97 and 98 on page 33. 

§ 4. This section was temporary—it made an appropriation. 

Note.— § 4 of Ch. 429, L. 1896, which chapter amended several sections 
of the foregoing, reads as follows: ‘ ‘All laws and parts of laws inconsistent 
with any of the provisions of this act are hereby repealed.” 


44 


Title III. 

Revised Statutes, Part 4, Chapter 3. 

General Provisions Applicable to All the Prisons 
Treated of in this Chapter. 


Note.—T he omitted sections of this title were temporary or have been 
superseded. 


Section 145. 

147. 

148. 

149. 

150. 

151. 

152. 

153. 

154. 

155. 

156. 

157. 

158. 

159. 


Imprisonment of criminals convicted of crime against the 
United States. 

Penalty for neglect or violation of duty. 

Exemption of prison officials from jury or military duty. 

Females not to be whipped. 

Convicts may be brought before court on writ of habeas 
corpus to testify. 

Convict a competent witness in the trial of any offense 
committed whilst in prison. 

Liquor not to be sold or brought into prison. 

Permits to use liquor—when granted. 

Penalty for selling or bringing liquor intot prison. 

Prisoners may be brought before court as witnesses. 

Escape of United States prisoners. 

Removing prisoner for trial. 

Habeas corpus to bring prisoner into court for arraignment 
or trial. 

Persons authorized to visit county and State prisons. 


Imprisonment of criminals convicted of crime against 
THE United States. — § 145. It shall be the duty of the re¬ 
spective keepers of each of the county and State prisons, to re¬ 
ceive into the said prisons and safely to keep therein, subject to 
the discipline of such prison, any criminal convicted of any of¬ 
fence against the United States, sentenced to imprisonment 
therein, by any court of the United States, sitting within this 
State, until such sentence be executed, or until such convict shall 
be discharged by due course of law; the United States support¬ 
ing such convict, and paying the expenses attendant upon the 
execution of such sentence. {Ch. U60, L. 18Jf7, Title 3.) 

Note. —United States prisoners convicted outside this State not to be re¬ 
ceived. See § 116, ante p. 41. 

Penalty FOR NEGLECT OR VIOLATION OF DUTY. — § 147. The 
keeper of any prison to whom any such prisoner may have been 
committed, shall be liable to the like penalties and punishment, 
for any neglect or violation of duty in respect to the custody of 
such prisoner, as if such prisoner had been committed by virtue 
of a commitment or conviction under the authority of this State. 
{Id.) 

Exemption of keepers, etc. — § 148. The keeper of every 
county or State prison, and all persons employed in any such 


45 


prison, shall be exempted during their continuance in office, 
from serving on juries and from military duty. {Id.) 

Note. —This section is superseded by ^ 1030, Civil Code. “Each of the fol¬ 
lowing persons although qualified, is entitled to exemption from service, as 
a trial juror, upon his claiming exemption therefrom: 

3. The agent or warden of the State prison, the keeper of a county jail, or 
a person actually employed in a State prison or county jail, and the keeper 
of every almshouse. ’ ’ 

Females not to be whipped. — § 149. No female confined 
in any prison shall be punished by whipping, for any miscon¬ 
duct in such prison. {Id.) 

Convicts may be brought before court on writ of habeas 
CORPUS TO TESTIFY. — § 150. Whenever any convict confined in 
any county or State prison shall be considered an important 
witness in behalf of the People in this State upon any criminal 
prosecution against any other convict, or against any person 
indicted for a felony, by the district attorney prosecuting the 
same, it shall be the duty of any justice of the Supreme Court, 
in his discretion, upon the affidavit of such district attorney, to 
grant a habeas corpus for the purpose of bringing such person 
before the proper court to testify on such prosecution. {Id. as 
amended by Ch. L. 1880, and by Ch. 267, L. 1885.) 

Convict a competent witness in the trial of any offence 
COMMITTED WHILST IN PRISON. — § 151. Such convict may be 
examined on such trial and shall be considered a competent 
witness against any fellow prisoner, (or person indicted for a 
felony) for any offense actually committed whilst in prison, and 
whilst the witness so offered shall have been confined in the 
prison in which such offence shall have been committed, or for 
any offence committed prior to the confinement of such witness. 
{Id. as amended by Ch. JflG, L. 1880, and by Ch. 267, L. 1885.) 

Note. —The foregoing sections 150-151 are not repealed, but are supersed¬ 
ed by sections 2008 and 2010 of the Civil Code on the subject. Certain 
qualifications are made in § 2011 which reads as follows: 

“The last three sections qualified: 

‘ ‘A writ shall not be issued, by virtue of either of the last three sections, 
to bring up a prisoner sentenced to death. Nor shall it be issued to bring 
up a prisoner confined under any other sentence for a felony; except where 
the application is made, in b3half of the People, to bring him upas a witness 
on the trial of an indictment, and then only by and in the discretion of a jus¬ 
tice of the Supreme Court, upon such notice to the district attorney of the 
county wherein the prisoner was convicted, and upon such terms and condi¬ 
tions, and under such regulations, as the judge prescribes.” 

Liquors not to be sold or brought into prisons. 
§ 152. No spirituous or fermented liquors shall, on any pretence 
whatever, be sold within any county or State prison, nor shall 
any kind of spirituous or fermented liquor be brought into any 
county prison for the use of any convict confined therein, with¬ 
out a written permit, signed by the physician to such prison, 
specifying the quantity and quality of the liquor which may 
be furnished to any convict, the name of the prisoner for whom. 


46 


and the time when the same may be furnished, except for the 
ordinary hospital supply of the State prisons, which permit 
shall be delivered to and kept by the keeper of the prison. {Id,) 

Permits, when granted.— § 153. No permit shall be 
granted, unless it shall satisfactorily appear to such physician 
that the liquor allowed to be furnished is necessary for the 
health of the prisoner for whose use it is permitted, which shall 
be stated in such permit. {Id.) 

Penalty for selling or bringing liquor into prisons. — 
§ 154. Any person who shall sell, or bring into any of said 
prisons any spirituous or fermented liquor, contrary to the fore¬ 
going provisions, and every keeper or other officer employed in 
or about any such prison, who shall suffer any spirituous or other 
liquor to be sold or used therein, contrary to the foregoing pro¬ 
visions, shall be deemed guilty of a misdemeanor, and on con¬ 
viction thereof, shall be subject to imprisonment, not exceeding 
one year, or to a fine not exceeding two hundred and fifty dol¬ 
lars, or both, in the discretion of the court; and every sheriff 
or other officer so convicted, shall forfeit his office. {Id.) 

Note. —The foregoing sections 152, 153 and 154 are superseded by pro¬ 
visions of the Liquor Tax Law. By ^ 24 of such law traffic in liquor is pro¬ 
hibited within any penal institution. § 30 reads : 

“No corporation, association, copartnership or person, whether taxed 
under this act or not, shall sell, deliver or give away or cause or permit or 
procure to be sold, delivered or given away any liquors to : 

“6. To any person confined in or committed to a State prison, jail, peniten¬ 
tiary, house of refuge, reformatory, protectory, industrial school, asylum 
or State hospital, or any inmate of a poor house, or any patient in any colony 
or institution established for the care or treatment of epileptics, except 
upon a written prescription from a physician to such institution, specifying 
the cause for which such prescription is given, the quantity and kind of 
liquor which is to be furnished, the name of the person for whom and the 
time or times at which the same shall be furnished. Such prescription shall 
not be made unless the physician is satisfied that the liquor furnished is 
necessary for the health of the person for whose use it is prescribed, and 
that fact must be stated in the prescription. ’ ’ 

Prisoners may be brought before courts as witnesses.— 
§ 155. Whenever it shall appear to the court in which an in¬ 
dictment is pending, and to be tried against any person for any 
offense committed by him while imprisoned in any county 
prison, or any one of the State prisons, on the person of any 
other individual confined in such jail or State prison, that any 
other person confined in any county prison, or in any of the 
State prisons, is an important witness in behalf of the person 
so indicted, such court is hereby authorized to grant a writ of 
habeas corpus for the purpose of bringing such prisoner before 
such court to testify upon the trial of such indictment, in behalf 
of the party making the application. {Id.) 

Note. —This section is also superseded by § § 2008-13 of the Code of Civil 
Procedure. 

Escape of United States prisoner; penalty.— § 156. 
In case any prisoner committed to either of the prisons by a 


47 


court of the United States, or by the President of the United 
States, shall escape from the custody of any keeper to whom 
such convict may have been so committed, he shall be liable to 
the like punishment as if he had been committed by virtue of a 
commitment or conviction under the authority of this State; 
and any expenses incurred in searching for or apprehend¬ 
ing said convict shall be a proper charge against the Govern¬ 
ment of the United States. (Id. as amended by Ch. 399, L. 1860.) 

Note.— Officer permitting escape guilty of misdemeanor. Penal Code 
^ 115. See post. 

Removing prisoners for trial.— § 157. The court in 
which any indictment is pending against any person imprisoned 
on conviction of a crime in any county jail or State prison, for 
an offence committed during such imprisonment, is hereby 
authorized to issue a writ of habeas corpus for the purpose of 
bringing the individual so indicted before the court for arraign¬ 
ment or trial on such indictment. (Id .) 

Habeas corpus for that purpose.— § 158. The court in 
which any indictment is pending for a felony, against any per¬ 
son imprisoned on conviction of a crime, in any county jail or 
State prison, is hereby authorized to issue a habeas corpus for 
the purpose of bringing the individual so indicted before the 
court for arraignment or trial, on such indictment. ( Id .) 

Note.— § § 157-158 are superseded by § 298 Code of Criminal Procedure. 

Persons authorized to visit county and state prisons. — 
§ 159. The following persons shall be authorized to visit at 
pleasure all county and State prisons: The Governor and Lieu¬ 
tenant-Governor, Secretary of State, Comptroller and Attorney- 
General, members of the Legislature, judges of the Court of 
Appeals, Supreme Court and county judges, district attorneys 
and every minister of the gospel having charge of a congrega- 
in the town wherein any such prison is situated. No other 
person not otherwise authorized by law shall be permitted to 
enter the rooms of a county prison in which convicts are con - 
fined, unless under such regulations as the sheriff of the county 
shall prescribe, nor to enter a State prison except under such 
regulations as the inspectors shall prescribe. 


Additional State Prisons 

and 

Hospitals for Insane Criminals. 


State Prison for Women. 

Chapter 306, Laws of 1893. 


AN ACT TO Establish a State Prison for Women. 


Section 1. 

2 . 

3. 

4. 

5. 

6 . 

7. 

8 . 
9. 

10 . 

11 . 

12 . 

13. 


Establishment of State Prison for Women. 

Agent and warden. 

Other officers and employees. 

Salary of certain officers. 

Residence and maintenance of matron. 

Salaries. 

Physician; chaplain. 

Bond of store-keeper. 

Commitment of women; notice; transportation; attendants. 
Transfers. 

Children of convicts. 

Department of Auburn Prison. 

Seperate accounts and records. 


Establishment of State Prison for Women.— § 1. The 
buildings on the prison grounds at Auburn, recently known as 
the Asylum for Insane Criminals, shall be known and desig¬ 
nated as a “State Prison for Women, and shall be maintained 
as such for the security and reformation of women convicts in 
this State. * 

Agent and warden. — § 2. The agent and warden of Auburn 
Prison, under the direction of the Superintendent of State 
Prisons, shall have the like management and control of said 
prison and the inmates thereof that is now conferred upon him, 
by law over the Auburn Prison and the prisoners confined 
therein. 

Other officers and employees. — § 3. The Superintendent 
of State Prisons shall appoint a matron of said State Prison for 
Women, and he may remove her from office, whenever, in his 

48 



49 


judgment, the public interest shall so require. He shall desig¬ 
nate such numlDer of assistant matrons, not exceeding one for 
each twenty prisoners, and such number of guards not exceed¬ 
ing four, as he shall deem necessary for the safe keeping and 
improvement of the prisoners and the maintenance of discip¬ 
line. Such assistant matrons and guards shall be appointed by 
the agent and warden of the Auburn Prison, with the approval 
of the Superintendent of State Prisons. The agent and warden 
shall also have power to remove the assistant matrons, guards 
and other employees so appointed by him. 

Salary of certain officers.— § 4. The salary of the 
matron shall be fixed by the Superintendent of State Prisons, 
but shall not exceed twelve hundred dollars per annum. Such 
agent and warden shall appoint a store-keeper of said prison, 
who shall have charge of the stores and perform the like duties 
in the said Prison for Women that are now performed by the 
storekeeper in the Auburn Prison, and also such other duties as 
the agent and warden may direct. 

Residence and maintenance of matron. — § 5. The ma¬ 
tron shall be allowed rations for herself from the prison stores, 
and shall reside in the house connected with the said Prison for 
Women, and shall be provided with proper furniture, fuel and 
lights. 

Salaries.— § 6. Each assistant matron shall board and 
lodge in the State Prison and shall receive as compensation, in 
addition to such board and lodging, not to exceed the sum of 
three hundred dollars per annum. The store-keeper shall receive 
a salary not to exceed one thousand dollars per annum. Each 
guard shall receive a salary not to exceed annually six hundred 
dollars. Such salaries shall be paid monthly and shall be fixed 
and rated by the Superintendent of State Prisons. 

Physician; chaplain.— § 7. The physician and chaplain 
respectively of Auburn Prison shall be the physician and chap¬ 
lain of said State Prison for Women, and shall perform the du¬ 
ties appertaining to said respective offices thereat, and no addi¬ 
tional compensation shall be allowed or paid to them for the 
same. 

Bond of store-keeper. — § 8. The store-keeper of said 
prison shall, before entering on the duties of his office, execute 
and file in the office of the Comptroller of this State, a bond to 
the people of the State of New York, with sufficient sureties to 
be approved by the Superintendent of State Prisons, in the pe¬ 
nal sum of twenty-five hundred dollars, conditioned for the 
faithful performance of his duties according to law. 

Commitment of women; notice; transportation; attend¬ 
ants. — § 9. On and after the passage of this act, any woman 
over the age of sixteen years who shall be convicted of felony 


4 


50 


in any of the courts of this State, shall, when the sentence im¬ 
posed be one year or more, be sentenced to imprisonment in the 
State Prison for Women. The clerk of the court imposing such 
sentence shall immediately notify the agent and warden of the 
Auburn Prison thereof, and such agent and warden shall cause 
such convict to be transported in the company of at least one 
other woman to such State Prison for Women, and the expenses 
of such transportation shall be paid as a part of the expenses 
of the maintenance of the prison. 

Note.— Penal Code § 698—Women convicted of felony to be sentenced to 
State Prison for Women. 

Transfers. — § 10. Within thirty days after the passage 
of this act, every woman convict imprisoned under conviction 
of a felony in any penitentiary shall be removed from such pen¬ 
itentiary to the State Prison for Women at Auburn, and shall be 
kept thereat to serve the unexpired balance of her term, in the 
same manner as if the said woman prisoner had been sentenced 
originally thereto, and it shall be the duty of the said Superin¬ 
tendent of State Prisons to cause to be removed from all the 
county penitentiaries in this State, within sixty days after the 
passage of this act, all of the said women prisoners therein. 
The Comptroller of the State shall not allow or pay any board or 
other expense of keeping any such woman prisoner in any pen- 
inentiary after the sixtieth day after the passage of this act. 
All necessary expenses for the transfer of said prisoners shall be 
deemed a part of the current expenses of Auburn Prison, and 
the manner of such transfer shall be under such escort or guard, 
or by such officer or officers, as the Superintendent of State 
Prisons shall direct. 

Children of convicts. — § 11. In case any woman com¬ 
mitted to said prison shall, at the time of said commitment, be 
the mother of a nursing child in her care, under one year of age, 
or be pregnant with child, which shall be born after such com¬ 
mitment, such child may accompany its mother and remain in 
said prison until such time as, in the opinion of the physician, 
such child can be properly removed therefrom and suitably pro¬ 
vided for elsewhere; and in case such woman, at the time of such 
commitment, shall be the mother of, and have under her exclu¬ 
sive care a child or children more than one year of age, and who 
otherwise might be left without proper care or guardianship, 
it shall be the duty of such court so committing said woman, to 
cause such child or children to be committed to such ay slum as 
may be provided by law for such purposes, or to the care and 
custody of some relative or proper person willing to assume such 
care. 

Note.—T his (11) section is practically superseded by secticn 1, Ch. 547, 
L. of 1904. See post p. 70. 

Department of Auburn Prison. — § 12. For the pur¬ 
poses of the government and management of such State Prison 
for Women, other than as provided for by this act, such State 


51 


Prison for Women shall be deemed a department of the Auburn 
Prison. 

Separate accounts and records. — § 13. The accounts 
and records of the State Prison for Women shall be kept sepa¬ 
rate and distinct from those of the Auburn Prison. 

§ 14. This act shall take effect immediately. 


Eastern New York Reformatory. 

Chapter 535, Laws of 1892. 

AN ACT TO Establish the Eastern New York Reformatory, 
AND FOR Appointment of Commissioners to Secure 
A Site Therefor. 

Establishment. — § 1. There is hereby established a State 
institution to be called the Eastern New York Reformatory, to 
be located in Ulster County of this State, upon land to be secured 
by the State as hereinafter provided, and to be governed by a 
board of managers hereafter to be appointed for the care, con¬ 
finement, discipline and reformation of such convicted criminals 
as may be sentenced thereto by courts of justice within the 
limits of such counties or districts as may hereafter be desig¬ 
nated by law. 

Note.— The remainder of this act is temporary. 

Chapters 299, L. 1894 and 812, L. 1895, are omitted as temporary. 

Chapter 348, Laws ot 1900. 

AN ACT TO Provide for the Organization, Management 
AND Control of the Eastern New York Reformatory, 
AND Making an Appropriation Therefor. 

Section 1. Management of reformatory. 

2. Transfer of prisoners from New York State Reformatory— 

parole of prisoners—Board of Parole. 

3. Transfer of prisoners from State prisons. 

4. Officers. 

5. Provisions of Revised Statutes applicable. 

Management of reformatory.— § 1. From and after the 
passage of this act the Superintendent of State Prisons shall 
have the superintendence, management and control of the East¬ 
ern New York Reformatory now in process of construction at 
Napanoch, in Ulster County, and he shall also have all the pow¬ 
ers and perform all the duties heretofore conferred and imposed 


52 


upon the building commissioners for such reformatory, except 
that all contracts heretofore entered into by said commissioners 
and not as yet completed shall continue under their supervision 
and direction. Upon the completion of said contracts the terms 
of the said commissioners shall cease and determine, and all un¬ 
expended appropriations for the erection, construction, equip¬ 
ment and maintenance of the said reformatory, or for any other 
purpose in connection therewith, shall be expended under the 
direction of the Superintendent of State Prisons, unless the acts 
making such appropriations specifically provide that they shall 
be expended under the direction of the State Architect. 

Transfer of prisoners from New York State Reform¬ 
atory-parole OF PRISONERS— Board of Parole.— § 2. 
When the north wing of the said Eastern New York Reform¬ 
atory shall be prepared and equipped for the reception of pris¬ 
oners, the Superintendent of State Prisons shall certify such 
fact to the Board of Managers of the New York State Re¬ 
formatory, who may, in its discretion, transfer not to exceed 
one hundred and fifty of the inmates thereof to the said 
Eastern New York Reformatory; and upon the completion of 
the south wing thereof an additional one hundred and fifty in¬ 
mates from the Elmira Reformatory may be similarly transfer¬ 
red. The warden of the Eastern New York Reformatory shall 
receive and detain the prisoners so transferred in accordance 
with the terms of their sentences, and they may be paroled and 
dischargefd as are prisoners confined in the New York State Re¬ 
formatory, except that the Superintendent of State Prisons, the 
president of the Board of Managers of the New York State Re¬ 
formatory, and the warden of the Eastern New York Reforma¬ 
tory, shall constitute a board of parole for the purpose of parol¬ 
ing and discharging such prisoners, which board shall make 
rules for such parole and discharge not inconsistent with law, 
and in general conformity with the rules as to paroles and dis¬ 
charges made by the Board of Managers of the New York State 
Reformatory and in force in that institution. 

Note. - The Board of Parole established by this section was abolished by 
Ch. 260, L. 1901, amending ^ 75 of the general prison law. See ante p. 27 

. Transfer of prisoners from State prisons. — § 3. The 
Superintendent of State Prisons may transfer prisoners from 
any of the several State prisons to the Eastern New York Re¬ 
formatory, and the warden thereof shall receive and detain 
such prisoners in accordance with the terms of their sentence. 
If such sentences are for fixed terms they shall be subject to 
the provisions of law governing commutation of sentence for 
good conduct as provided by chapter twenty-one of the laws of 
eighteen hundred and eighty-six. If such prisoners are confined 
under indeterminate sentences they may be paroled and dis¬ 
charged as are prisoners confined under like sentences in the 
State prisons. The Superintendent of State Prisons may also, 


53 


in his discretion, transfer prisoners from the said reformatory 
to either of the State prisons. (As amended by Ch. 388, L. 
1901, and Ch. U25, L. 190J,. ) 

Officers. — § 4. The Superintendent of State Prisons may 
transfer officers from any of the State prisons to the same posi¬ 
tions in the Eastern New York Reformatory for temporary or 
permanent service. 

Provisions of Revised Statutes applicable. — § 5. All 
the provisions of title two of chapter three of part four of the 
Revised Statutes relating to State prisons shall, except so far 
as they are inconsistent with the terms of this act, apply to 
the organization, superintendence, management and control of 
the Eastern New York Reformatory, its officials, employees, and 
inmates as fully and with the same effect as they now apply to 
the State prisons, their officials, employees and inmates, and no 
laws or parts of laws relating to reformatories and inconsistent 
with the provisions of this act, or with the provisions of said 
title two of chapter three of part four of the Revised Statutes 
shall apply to the said Eastern New York Reformatory, its offi¬ 
cials, employees or inmates. 

Note. — ^ 6 made an approbation for construction. 

§ 7. This act shall take effect immediately. 


54 


Matteawan State Hospital for Insane 
Criminals. 

From the Insanity Law. 

Chapter S4S, Laws of 1896. 

Sections 90-104 Inclusive. 


Section 90. 
91. 

Section 92. 

93. 

94. 

95. 

96. 

97. 

98. 

99. 
100 . 

101 . 

102 . 

103. 

104. 


Establishment and purposes of the Matteawan State Hospital. 
Medical superintendent. 

Medical superintendent as treasurer of the hospital. 

Salaries of resident officers. 

Powers and duties of medical superintendent and assistants. 
Monthly estimates. 

Power of removal. 

Transfer of insane convicts to the Matteawan State Hospital. 
Disposal of insane convicts after expiration of term of im¬ 
prisonment. 

Convicts on recovery to be transferred to prison. 

Certificate of conviction to be delivered to medical superin¬ 
tendent and copy filed. 

Transfers from State hospitals to Matteawan State Hospital. 
Authority to recover for the support of patients. 

Tenure of office. 

Communications with patients. 


Establishment and purposes of the Matteawan State 
Hospital.— § 90. The grounds, buildings and property loca¬ 
ted at Matteawan, in the County of Dutchess, and used for the 
purposes of the hospital for insane criminals, are hereby declared 
to be the Matteawan State Hospital, to be used for the purpose 
of holding in custody and caring for such insane persons as may 
be committed to the said institution by courts of criminal juris¬ 
diction, or transferred thereto by the State Commission in Lu¬ 
nacy, and for such convicted persons who may be declared insane 
while undergoing sentence of one year or less or for a misde¬ 
meanor at any of the various penal institutions of the State, 
and for all female convicts becoming insane while undergoing 
sentence, (^s amended by Ch. 525, L. 190Jf). 

Medical superintendent.— § 91. The Superintendent of 
State Prisons shall, whenever there is a vacancy, appoint a 
medical superintendent for the Matteaw^an State Hospital, who 
shall be a well educated physician of at least five years’ actual 
experience in a hospital for the care and treatment of the in¬ 
sane. The Superintendent of State Prisons, subject to the ap¬ 
proval of the State Commission in Lunacy, shall make by-laws 
and regulations for the government of the hospital and the 
management of its affairs. 


55 


Medical superitendent as treasurer of the hospital. — 
§ 92. The medical superintendent shall be the treasurer of the 
hospital, and before entering on his duties, shall file with the 
Comptroller of the State his undertaking to the people, with 
sureties to be approved by the Superintendent of State Prisons, 
to the effect that he will faithfully perform his trust as such 
treasurer. He shall have the custody of the moneys, securities 
and obligations belonging to the hospital, and shall open with 
some bank, in the vicinity of the hospital, to be selected with 
the approval of the Comptroller, an account in his name as such 
medical superintendent, and immediately deposit in such bank 
all moneys received by him as such medical superintendent and 
treasurer, and shall draw therefrom only for the use of the hos¬ 
pital and in the manner provided by the by-laws and upon the 
order of the steward, specifying the object of each payment. 
He shall keep a full and accurate account of the receipts and 
payments, as directed by the by-laws, and of such other mat¬ 
ters as the Superintendent of State Prisons and the State Com¬ 
mission in Lunacy may prescribe, and balance all his accounts, 
annually, on the thirtieth day of September, and within ten 
days thereafter deliver to the Superintendent of State Prisons, 
a statement thereof and an abstract of such receipts and pay¬ 
ments for the past year. His books and vouchers shall at all 
times be open to the inspection of the Superintendent of State 
Prisons and the Commission, and they may at any time require 
of him a statement of his accounts and of the funds and prop¬ 
erty in his custody. 

Salaries of resident officers.— § 93. The Superintend¬ 
ent of State Prisons shall, from time to time, determine the 
annual salaries and allowances of the resident officers, pro¬ 
vided they do not in the aggregate exceed twelve thousand dol¬ 
lars; and the same shall be paid quarterly, on the last days of 
March, June, September and December, by the Treasurer of 
the State, on the warrant of the Comptroller, out of any mon¬ 
eys in the treasury not otherwise appropriated, to the medical 
superintendent, on his presenting a bill of particulars thereof 
signed by the steward, and properly certified by such medical 
superintendent. 

Powers and duties of medical superintendent and as¬ 
sistants.— § 94. The medical superintendent shall be the 
chief executive officer of the hospital and shall: 

1. Have the general superintendence of the building and 
grounds, together with their furniture, fixtures and stock, and 
the direction and control of all persons therein, subject to the 
rules and regulations adopted by the Superintendent of State 
Prisons, with power to assign their respective duties. 

2. Appoint such number of assistant physicians, not to ex¬ 
ceed one for each two hundred inmates or fraction thereof, as 


56 


the necessities of the institution may require, also a steward 
and matron, all of whom and the medical superintendent, shall 
reside in the hospital, and shall be known as the resident offi¬ 
cers thereof. 

3. Appoint such and so many attendants and other subor¬ 
dinate employees as he may think proper and necessary for the 
economical and efficient administration of the affairs of the hos¬ 
pital, and prescribe their several duties and places, and fix, with 
the approval of the Superintendent of State Prisons, their com¬ 
pensation, and discharge any of them at his sole discretion: but 
in every case of discharge, so occurring, he shall, forthwith, 
enter the same with reasons therefor, under an appropriate 
heading, in one of the record books of the hospital. 

4. Give, from time to time, such orders and instructions as 
he may deem best calculated to insure good conduct, fidelity and 
economy in every department of labor and expense. 

5. Maintain salutary discipline among all who are employed 
by the institution, and enforce strict compliance with all instruc¬ 
tions and orders given by him, and uniform obedience to all 
the rules and regulations of the hospital. 

6. Cause full and fair accounts and records of all his doings, 
and of the entire business and operations of the institution to 
be kept regularly, from day to day, in books provided for that 
purpose, in the manner and extent prescribed in the by-laws. 

7. See that all accounts and records are fully made up to the 
last day of September in each year, and present the principal 
facts and results, with his report thereon, to the Superinten¬ 
dent of State Prisons, within forty days thereafter. The resi¬ 
dent officers, before entering upon their duties as such, shall sev¬ 
erally take and file in the office of the Secretary of State, the 
constitutional oath of office. The first assistant physician shall 
perform the duties and be subject to the responsibilities of the 
superintendent in his sickness or absence. The steward may 
personally purchase any supplies for the use of such hospital, 
but only in the name of the medical superintendent, and in each 
instance by his direction and not otherwise. 

Monthly estimates.— § 95. The medical superintendent 
shall cause an estimate to be made monthly, in accordance with 
forms to be approved by the State Comptroller, of all moneys 
necessary for the support and maintenance of the hospital, 
which may be required to supplement the deficiencies in the 
earnings thereof. Such estimate shall be submitted to and ex¬ 
amined by the Superintendent of State Prisons, who, if he is 
satisfied that it is correct, and that the articles named therein 
are actually needed for the support and maintenance of the 
hospital, shall certify to the same, and on production of such 
estimate so certified, to the Comptroller, he shall draw his war¬ 
rant on the State Treasurer for the amount thereof, and the 


57 


State Treasurer shall pay such amount to the medical super¬ 
intendent of the hospital, out of any money in the treasury 
appropriated to the support of such hospital. 

Power of removal.— § 96. The Superintendent of State 
Prisons may remove the medical superintendent, for cause 
shown, and an opportunity to such superintendent to be heard 
thereon, and such officer shall not be reappointed to the office 
of medical superintendent, or to any other position in said hos¬ 
pital. 

Transfer of insane convicts to the Matteawan State 
Hospital. — § 97. Whenever the physician of the State Prison 
for Women, any county penitentiary or workhouse, any reform¬ 
atory for women, or of the State Reformatory or any other penal 
institutions, shall report in writing to the warden or other officer 
in charge thereof, that any person undergoing a sentence of 
one year or less or convicted of a misdemeanor, or any female 
convict confined therein is, in his opinion, insane,, such warden 
or other officer shall apply to a judge of a court of record to 
cause an examination to be made of such person by two legally 
qualified examiners in lunacy, other than a physician connected 
with such State prison, penitentiary, reformatory or penal in¬ 
stitution. Such examiners shall be designated by the judge to 
whom the application is made. Such examiners, if satisfied, 
after a personal examination, that such convict is insane, shall 
make a certificate to such effect in the form and manner pre¬ 
scribed by this chapter for the commitment of insane persons 
to State hospitals. Such warden or other person in charge 
shall apply to a judge of a court of record for an order trans¬ 
ferring such convict to the Matteawan State Hospital, accom¬ 
panying such application with such certificate of lunacy. Such 
judge, if satisfied that such convict is insane, shall issue such 
order of transfer, and such warden or other officer in charge 
shall thereupon cause such convict to be transferred to the 
Matteawan State Hospital and delivered to the medical super¬ 
intendent thereof. At the time of such transfer, the certificate 
in lunacy and order of transfer shall be presented to such med¬ 
ical superintendent. Such insane convict shall be received into 
such hospital and retained there until legally discharged. Such 
warden or other officer in charge, before transferring such in¬ 
sane convict, shall see that he is bodily clean, and is provided 
with a new suit of clothing similar to that furnished to convicts 
on their discharge from prison. The costs necessarily incurred 
in determining the question of insanity, including the fees of the 
medical examiners, shall be a charge upon the State or the 
municipality at whose expense the institution from which the 
transfer is made or sought to be made, is maintained. (As 
amended by Ch. 525, L. 190U.) 

Disposal of insane convicts after expiration of term 
OF IMPRISONMENT. — § 98. Whenever any convict in the Mat- 


58 


teawan State Hospital, under and by virtue of this act, shall 
continue to be insane at the expiration of the term for which 
he was sentenced, he may be retained therein until he has re¬ 
covered or is otherwise legally discharged. The medical super¬ 
intendent of such hospital may discharge and deliyer any pa¬ 
tient whose sentence has expired, and who is still insane, but 
who, in the opinion of the superintendent is reasonably safe to 
be at large, to his relatives or friends who are able and willing 
to comfortably maintain him, without further public charge; 
and such patient may, in the discretion of the medical superin¬ 
tendent, be provided with the whole or a portion of such allow¬ 
ances as are hereinafter granted to recovered convicts. When¬ 
ever any convict, who, by reason of his insanity, shall have 
been retained beyond the date of the expiration of his sentence 
shall recover, he may be discharged by the medical superintend¬ 
ent, and such convict shall be entitled to ten dollars in money, 
suitable clothing and a railroad ticket to the county of his 
conviction or to such other place as he may designate at no 
greater distance. Similar allowances shall be made to patients 
committed by order of a court and who may be discharged. 
Any convict in the Matteawan State Hospital, whose term of 
imprisonment has expired by commutation or otherwise, and 
who is not recovered may, upon an order of the Commission in 
Lunacy, be transferred to any institution for the insane. 

Convicts on recovery to be transferred to prison. — 
§ 99. Whenever any convict, who shall have been confined in 
such hospital as an insane person, shall have recovered before 
the expiration of his sentence, and the medical superintendent 
thereof shall so certify in writing to the agent and warden, or 
other officer in charge of the institution, from which such con¬ 
vict was received or to which the Superintendent of State Prisons 
may direct that he be transferred, such convict shall forthwith 
be transferred to the institution from which he came by the 
medical superintendent of the hospital, or, if received from one 
of the State prisons, to such State prison as the Superintendent 
of State Prisons may direct; and the agent and warden or other 
officer in charge of such institution shall receive such convict 
into such institution, and shall, in all respects, treat him as 
when originally sentenced to imprisonment. Any inmate not a 
convict, held upon an order of a court or judge, in a criminal 
proceeding, may be discharged therefrom, upon the superintend¬ 
ent’s certificate of recovery, made to and approved by such 
court or judge. 

Note.— When a defendant in a criminal proceeding who is held in a “State 
lunatic asylum” upon order of the court, becomes sane, see Code of Crim¬ 
inal Procedure § 661. 

Certificate of conviction to be delivered to medical 
superintendent and copy filed.— § 100. Whenever any 
convict shall be transferred to the Matteawan State Hospital, 


59 


the agent and warden or other officer in charge of the prison, 
penitentiary, reformatory or other penal institution from which 
such convict is transferred, shall cause a correct copy of the 
original certificate of conviction of such convict to be filed in 
the office of the warden or officer in charge, and shall deliver 
the original certificate to the medical superintendent of such 
hospital; and whenever any such convict shall be transferred 
to any penal institution from such hospital, as hereinbefore pro¬ 
vided, the medical superintendent shall deliver to the agent and 
warden, or other officer in charge of such institution, such orig¬ 
inal certificate, which shall be filed in the clerk’s office of the 
same. 

Transfers from State hospitals to Matteawan State 
Hospital.— § 101. The commission may, by order in writing, 
transfer to the Matteawan State Hospital, any insane inmate of 
a State hospital committed thereto upon the order of a court of 
criminal jurisdiction or of a judge or justice of such a court; or 
any patient who has previously been sentenced to a term of im¬ 
prisonment in any penal institution, and who still manifests 
criminal tendencies or any such patient who has previously 
been an inmate of the Matteawan State Hospital. From and 
after October first, nineteen hundred and four, all persons then 
inmates of the Matteawan State Hospital, and all persons 
thereafter committed to its custody, shall l 3 e a charge upon 
State. (As amended by Ch. 260, L. 1899, Ch. 380, L. 1900, 
and Ch. 525, L. 190UA 

Authority to recover for the support of patients.— 
§ 102. The medical superintendent of the hospital is hereby 
authorized to recover for the support of any patient therein, 
chargeable under the law to either counties or penitentiaries, 
in an action to be brought, in the name of the People of the 
State of New York, against the county or penitentiary, for the 
maintenance of said patient. 

Tenure of office.— § 103. Nothing in this article shall 
be construed to affect the tenure of office of any of the present 
officers of the hospital. 

Communications with patients.— § 104. No person not 
authorized by law or by written permission from the Superin¬ 
tendent of State Prisons shall visit the Matteawan State Hos¬ 
pital, or communicate with any patient therein without the 
consent of the medical superintendent; nor without such con¬ 
sent shall any person bring into or convey out of the Matteawan 
State Hospital any letter or writing to or from any patient; nor 
shall any letter or writing be delivered to a patient, or if writ¬ 
ten by a patient, be sent from the Matteawan State Hospital 
until the same shall have been examined and read by the med¬ 
ical superintendent or some other officer of the hospital duly 
authorized by the medical superintendent. But communications 


60 


addressed by such patient to the county judge or district attor¬ 
ney of the county from which he was sentenced, shall be for¬ 
warded, after examination by such medical superintendent, to 
their destination. 


Dannemora Hospital for Insane Convicts. 

Chapter S2o, Laws of iSqq. 


AN ACT IN Relation to the Management of the Danne¬ 
mora Hospital for Insane Convicts and the Care and 
Custody of the Inmates Thereof. 


Section 1. 

2 . 

3. 

4. 

5. 

6 . 

7. 

8 . 

9. 

10 . 

11 . 

12 . 

13. 

14. 


Establishment and purposes of the Dannemora Hospital. 

Medical superintendent. 

Medical superintendent as treasurer of the hospital. 

Salaries of resident officers. 

Powers and duties of medical superintendent and assistants. 

Monthly estimates. 

Power of removal. 

Transfer of insane convicts from Matteawan State Hospital 
to the Dannemora Hospital. 

Transfer of prisoners in State prisons, reformatories and pen¬ 
itentiaries to Dannemora Hospital. - 

Retention of insane convicts after the expiration of their 
terms. 

Discharge of insane convicts after expiration of terms. 

Convicts on recovery to be transferred to prison. 

Certificate of conviction to be delivered to medical superinten¬ 
dent and copy filed. 

Communications with patients. 


§ 1. Establishment and purposes of the Dannemora 
Hospital.— The grounds and property located at Dannemora, 
in the County of Clinton and the buildings erected thereon, 
when completed, shall be designated as the Dannemora Hospi¬ 
tal for Insane Convicts. Such hospital, when ready for occu¬ 
pancy, shall be used for the purpose of confining and caring for 
such male prisoners as are declared insane while confined in a 
State prison or reformatory, or while serving a sentence of more 
than one year in a penitentiary. 

§ 2. Medical superintendent.— When the Dannemora 
Hospital for Insane Convicts has sufficiently progressed to war¬ 
rant it, the Superintendent of State Prisons shall appoint a med¬ 
ical superintendent therefor, who shall be a well educated phy¬ 
sician of at least five years’ actual experience as a State prison 
physician or in a hospital for the care and treatment of the in¬ 
sane. A vacancy in the office of such superintendent shall be 
filled in like manner. 


61 


The Superintendent of State Prisons shall make by-laws and 
rules and regulations for the government of the hospital and the 
management of its affairs. 

§ 3. Medical superintendent as treasurer of the hospi¬ 
tal. —The medical superintendent shall be the treasurer of 
the hospital, and before entering upon his duties, shall file with 
the State Comptroller his undertaking to the people with sure¬ 
ties, to be approved by the Superintendent of State Prisons, to 
the effect that he will faithfully perform his trust as such trea¬ 
surer. He shall have the custody of the moneys, securities and 
obligations belonging to the hospital, and shall open with some 
bank, in the vicinity of the hospital, to be selected with the ap¬ 
proval of the Comptroller, an account in his name as such med¬ 
ical superintendent, and immediately deposit in such bank all 
moneys received by him as such medical superintendent and 
treasurer, and shall draw therefrom only for the use of the hos¬ 
pital and in the manner provided by the by-laws and upon the 
order of the steward, specifying the object of each payment. 
He shall keep a full and accurate account of the receipts and 
payments, as directed by the by-laws, and of such other mat¬ 
ters as the Superintendent of State Prisons may prescribe, and 
balance all his accounts, annually, on the thirtieth day of Sep¬ 
tember, and within ten days thereafter deliver to the Superin¬ 
tendent of State Prisons, a statement thereof and an abstract 
of such receipts and payments for the past year. His books 
and vouchers shall at all times be open to the inspection of the 
Superintendent of State Prisons, who may at any time require 
of him a statement of his accounts and of the funds and prop¬ 
erty in his custody. 

§ 4. Salaries of resident officers.— The Superinten¬ 
dent of State Prisons shall, from time to time, determine the 
annual salaries and allowances of the resident officers, provided 
they do not in the aggregate exceed twelve thousand dollars; 
and the same shall be paid quarterly, on the last days of March, 
June, September and December, by the Treasurer of the State, 
on the warrant of the Comptroller, out of any moneys in the 
treasury appropriated for that purpose, to the medical superin¬ 
tendent, on his presenting a bill of particulars thereof signed 
by the steward, and properly certified by such medical superin¬ 
tendent. 

§ 5. Powers and duties of medical superintendent 
AND ASSISTANTS. —The medical superintendent shall be the chief 
executive officer of the hospital and shall: 

1. Have the general superintendence of the building and 
grounds, together with their furniture, fixtures and stock, and 
the direction and control of all persons therein, subject to the 
rules and regulations adopted by the Superintendent of State 
Prisons, with power to assign their respective duties. 


62 


2. Appoint such number of assistant physicians, not to ex¬ 
ceed one for each two hundred inmates or fraction thereof, as 
the necessities of the institution may require, and a steward, all 
of whom and the medical superintendent, shall reside in the 
hospital, and shall be know as the resident officers thereof. 

3. Appoint such and so many attendants and other subordi¬ 
nate employees as he may think proper and necessary for the 
economical and efficient administration of the affairs of the hos¬ 
pital, and prescribe their several duties and places, and fix, 
with the approval of the Superintendent of State Prisons, their 
compensation, and discharge any of them at his sole discretion; 
but in every case of discharge, so occurring, he shall, forth¬ 
with, enter the same with the reasons therefor, under an ap¬ 
propriate heading, in one of the record books of the hospital. 

4. Give, from time to time, such orders and instructions as 
he may deem best calculated to insure good conduct, fidelity 
and economy in every department of labor and expense. 

5. Maintain salutary discipline among all who are employed 
by the institution, and enforce strict compliance with all instruc¬ 
tions and orders given by him, and uniform obedience to all the 
rules and regulations of the hospital. 

6. Cause full and fair accounts and records of all his doings, 
and of the entire business and operations of the institution to 
be kept regularly, from day to day, in books provided for that 
purpose, in the manner and extent prescribed in the by-laws. 

7. See that all accounts and records are fully made up to the 
last day of September in each year, and present the principal 
facts and results, with his report thereon, to the Superinten¬ 
dent of State Prisons, within forty days thereafter. The resi¬ 
dent officers, before entering upon their duties as such, shall 
severally take and file in the office of the Secretary of State, the 
constitutional oath of office. The first assistant physician shall 
perform the duties and be subject to the responsibilities of the 
superintendent in his sickness or absence. The steward may 
personally purchase any supplies for the use of such hospital, 
but only in the name of the medical superintendent, and in each 
instance by his direction and not otherwise. 

§ 6. Monthly estimates.— The medical superintendent 
shall cause an estimate to be made monthly, in accordance with 
forms to be approved by the State Comptroller, of all moneys 
necessary for the support and maintenance of the hospital, 
which may be required to supplement the deficiencies in the 
earnings thereof. Such estimate shall be submitted to and ex¬ 
amined by the Superintendent of State Prisons, who. if he is 
satisfied that it is correct, and that the articles named therein 
are actually needed for the support and maintenance of the hos¬ 
pital, shall certify to the same, and on production of such esti- 


63 


mate so certified, to the Comptroller, he shall draw his warrant 
on the State Treasurer for the amount thereof, and the State 
Treasurer shall pay such amount to the medical superintendent 
of the hospital, out of any money in the treasury appropriated 
for the support of such hospital. 

§ 7. Power of removal.— The Superintendent of State 
Prisons may remove the medical superintendent, for cause 
shown, after an opportunity to such superintendent to be heard 
thereon, and such officer shall not be reappointed to the office 
of medical superintendent, or to any other position in said hos¬ 
pital. 

§ 8. Transfer of insane convicts from Matteawan 
State Hospital to the Dannemora Hospital.— When the 
Dannemora Hospital for Insane Convicts is ready for occupancy, 
the superintendent of the Matteawan State Hospital for Insane 
Criminals shall cause to be transported to the Dannemora Hos¬ 
pital and delivered to the medical superintendent thereof, all 
male prisoners, convicted of felony, who are confined in such 
hospital upon a commitment thereto from a State prison, re¬ 
formatory or penitentiary and who have not less than six months 
to serve of the term for which they were sentenced. 

The original certificates of conviction, and copies of the med¬ 
ical certificates of insanity of the prisoners transferred shall be 
forwarded to the medical superintendent of Dannemora Hos¬ 
pital, when such transfer is made. The names of the prisoners 
so transferred, with such information as the Superintendent of 
State Prisons may require, shall be forwarded to the office of 
such superintendent. 

§ 9. Transfer of prisoners in State prisons, reforma¬ 
tories AND PENITENTIARIES TO Dannemora HOSPITAL.— When¬ 
ever the physician of either of the State prisons, reformatories 
or penitentiaries shall certify to the warden or superintendent 
thereof, that a male prisoner confined therein and sentenced 
thereto for a felony, is, in his opinion, insane, such warden or 
superintendent shall cause such prisoner to be transferred to the 
Dannemora Hospital for Insane Convicts and delivered to the 
medical superintendent thereof. Such superintendent shall re¬ 
ceive the prisoner into such hospital, and retain him there until 
legally discharged. The warden or superintendent, before 
transferring such insane prisoner, shall see that he is in a state 
of bodily cleanliness, and is provided with a new suit of cloth¬ 
ing similar to that furnished to convicts on their discharge from 
prison. At the time of such transfer, there shall be transmit¬ 
ted to the medical superintendent of such hospital the original 
certificate of conviction and the certificate of insanity executed 
by the physician, which shall be filed in the office of such med¬ 
ical superintendent who shall file a notice of such transfer in 
the office of the Superintendent of State Prisons. 


64 


§ 10. Retention of insane convicts after the expira¬ 
tion OF THEIR TERMS.— When the term of a convict confined in 
Dannemora Hospital for Insane Convicts has expired, and, in 
the opinion of the medical superintendent, such convict contin¬ 
ues insane, the medical superintendent shall apply to a judge 
of a court of record to cause an examination to be made of such 
person, by two legally qualified examiners in lunacy, other than 
a physician connected with such hospital, qualified to act as 
medical examiners in lunacy. Such examiners shall be desig¬ 
nated by the judge to whom the application is made. Such ex¬ 
aminers, if satisfied, after a personal examination, that such 
convict is insane, shall make a certificate to such effect in the 
form and manner prescribed by the insanity law for the com¬ 
mitment of insane persons to State hospitals. Such superinten¬ 
dent shall apply to a judge of a court of record for an order 
authorizing him to retain such convict at the Dannemora Hos¬ 
pital, accompanying such application with such certificate in 
lunacy. Such judge, if satisfied that such convict continues 
insane, shall issue such order of retention, and such superinten¬ 
dent shall thereupon retain the convict at Dannemora Hospital 
until discharged as provided by law. The certificate in lunacy 
and order of retention shall be kept by the medical superinten¬ 
dent in his office, and a copy thereof shall be filed in the office 
of the State Commission in Lunacy. The costs necessarily in¬ 
curred in determining the question of insanity, including the 
fees of the medical examiner, shall be a charge upon the amount 
appropriated for the support and maintenance of the Danne¬ 
mora Hospital, and be paid in the same manner as are other ex¬ 
penses of such hospital. 

§ 11. Discharge of insane convicts after expiration 
OF TERMS. —The medical superintendent of the Dannemora 
Hospital may discharge and deliver any patient whose sentence 
has expired, and who is still insane, but who, in the opinion of 
tlie superintendent, is Treasonably safe to be at large, to his rel¬ 
atives or friends who are able and willing to comfortably main¬ 
tain him, without further public charge; and such patient may, 
in the discretion of the medical superintendent, be provided 
with the whole or a portion of such allowances as are herein¬ 
after granted to recovered convicts. Whenever any convict, 
who, by reason of his insanity, shall have been retained beyond 
the date of the expiration of his sentence, shall recover, he may 
be discharged by the medical superintendent, and such convict 
shall be entitled to ten dollars in money, suitable clothing, and 
a railroad ticket to the county of his conviction or to such other 
place as he may designate at no greater distance. Any convict 
in the Dannemora Hospital, whose term of imprisonment has 
expired by commutation or otherwise, and who is not recovered 
may, upon an order of the Commission in Lunacy, be trans¬ 
ferred to any institution for the insane. 


65 


§ 12. Convicts on recovery to be transferred to pris¬ 
on. —Whenever any convict, who shall have been confined in 
such hospital as an insane person, shall have recovered before 
the expiration of his sentence, and the medical superintendent 
thereof shall so certify in writing to the warden or superinten¬ 
dent of the institution, from which such convict was received, 
or to which the Superintendent of State Prisons may direct that 
he be transferred, such convict shall forthwith be transferred 
to the institution from which he came, by the medical superin¬ 
tendent of the hospital, or, if received from one of the State 
prisons, to such State prison as the Superintendent of State 
Prisons may direct; and the warden or superintendent of such 
institution shall receive such convict into such institution, and 
shall, in all respects, treat him as when originally sentenced to 
imprisonment. 

§ 13. Certificate of conviction to be delivered to 

MEDICAL SUPERINTENDENT AND COPY FILED. —Whenever a con- 
vict is transferred to the Dannemora Hospital, the warden or 
superintendent in charge of the prison, penitentiary, or reform¬ 
atory from which such convict is transferred, shall cause a copy 
of the original certificate of conviction of such convict to be 
filed in the office of such warden or superintendent, and shall 
deliver the original certificate to the medical superintendent of 
such hospital; and whenever any such convict shall be trans¬ 
ferred to any penal institution from such hospital, as hereinbe¬ 
fore provided, the medical superintendent shall deliver to the 
warden, or superintendent in charge of such institution, such 
original certificate, which shall be filed in the clerk’s office of 
the same. 

§ 14. Communications with patients.— No person not 
authorized by law or by written permission from the Superin¬ 
tendent of State Prisons shall visit the Dannemora Hospital, or 
communicate with any patient therein, without the consent of 
the medical superintendent; nor without such consent shall any 
person bring into or convey out of the Dannemora Hospital any 
letter or writing to or from any patient; nor shall any letter or 
writing be delivered to a patient, or if written by a patient, be 
sent from the Dannemora Hospital until the same shall have 
been examined and read by the medical superintendent or some 
other officer of the hospital duly authorized by the medical su¬ 
perintendent. But communications addressed by such patient 
to the county judge or district attorney of the county from 
which he was sentenced, shall be forwarded, after examination 
by such medical superintendent, to their destination. 

§ 15. This act shall take effect immediately. 


5 


Miscellaneous Laws 

Relating to 

State Prisons. 


Property Found on Prisoner. 

R. S. Pt. 4, Ch. 2, Title 7. 

Searching prisoner for property.— § 29. Any magis¬ 
trate who shall commit any person, charged with any offense, 
to prison, or by whom any vagrant or disorderly person shall 
be committed, may cause such person to be searched for the 
purpose of discovering any property he may have; and if any 
property be found, the same may be taken and applied to the 
support of such person while in confinement. 


Electrical Apparatus for the Execuution of Convicts. 

Chapter 36, Laws of 1899. 

AN ACT TO Provide for the Procurement of Proper 
Electrical Apparatus, Machinery and Appliances by 
THE Superintendent of State Prisons for the Execu¬ 
tion OF Convicted Criminals. 

§ 1. The Superintendent of State Prisons shall, immediately 
on the passage of this act, cause an electrical apparatus suita¬ 
ble and sufficient for the infliction of the punishment of death 
as provided by section five hundred and five of the Code of 
Criminal Procedure to be constructed and placed in each of the 
State prisons of this State; together with the necessary machin¬ 
ery and appliances for the execution of convicted criminals as 
provided by said Code. (§ 2 omitted as temporary.) 

66 




67 


Sale of Damaged Goods at Any of the State Prisons. 

Chapter 386, Laws of 1893. 

AN ACT IN Relation to the Rebuilding and Repair of 
Buildings at the Auburn State Prison and the Sale 
OF Damaged and Unmarketable Goods at Any of the 
State Prisons. 

(§ § 1—2 omitted as temporary.) 

§ 3. When any goods manufactured in the State prisons 
shall be damaged by fire or water, or become deteriorated or 
unmarketable from any cause, the Superintendent of State 
Prisons may direct them to be sold at the best price obtainable. 


Southerly Bounds of State Lands at Clinton Prison. 

Chapter 457, Laws of 1871. 

AN ACT TO Establish the Southerly Bounds of the State 
Lands at Clinton Prison. 

§ 1. The southerly bounds of the two hundred acres of land 
conveyed to the State of New York by St. John B. L. Skinner 
and others, in eighteen hundred and forty-four, for a prison 
site at Dannemora, is hereby fixed and determined as and at the 
center of Cook Street in the said village of Dannemora, and it 
is hereby declared that the said two hundred acres do not ex¬ 
tend, and the State has no right or title, south of said center of 
Cook Street aforesaid. 


Fees of Sheriffs for Transporting Convicts to 
State Prison. 

Extract from Chapter 128, Laws of 1877. 

Hereafter, the compensation to sheriffs for conveying one 
convict to a State prison or penitentiary from the county prison, 
for each mile actually traveled, twenty cents; for conveying two 
convicts, for each mile so traveled, thirty-five cents; for convey¬ 
ing three convicts, for each mile so traveled, forty cents; and 
for conveying four or more convicts, for each mile so traveled, 
twelve cents each; with one dollar per day for the maintenance 
of each convict while on the way to a State prison or peniten- 




68 


tiary, but not exceeding one dollar for every thirty miles of 
travel, in full of all charges and expenses in the premises. 

Note.— This act supersedes Ch. 123, L. 1849, as to the fees of sheriffs for 
transporting convicts to State prisons and penitentiaries. 

Payment of Fees. 

Chapter 25, Laws of 1840. 

Section 1. Payment of fees to sheriffs. 

2. Accounts of sheriffs to be certified. 

Payment of fees to sheriffs.- § 1. The Treasurer of 
this State shall pay, on the warrant of the Comptroller, to the 
sheriffs of the several counties in this State, such sum or sums 
of money as now are, or hereafter may be due to them respect¬ 
ively for their services and expenses in transporting convicts to 
either of the state prisons. 

Accounts of sheriffs to be certified. — § 2. Whenever 
any such sheriff shall produce to the Comptroller a statement 
of his account for such services and expenses, certified by the 
clerk or agent of such prison to be correct, and that there are 
no funds at said prisons applicable to the payment thereof, it 
shall be the duty of the Comptroller to draw his warrant on the 
Treasurer in favor of such sheriff for the amount of his account. 

Chapter 497, Laws of 1847. 

Section 3. Rendering accounts on delivering convicts. 

4. Payment of account. 

5. Convicts sentenced at one court to be taken. 

6. Saving clause. 

Rendering accounts on delivering convicts.— § 3. On 
the delivery of such convict or convicts to the keeper of such 
prison, or superintendent of such house of refuge, the sheriff 
or other person having charge of the same, shall make and ren¬ 
der to the agent, keeper or clerk of the prison, or superintend¬ 
ent of such house of refuge, an account of the number of days 
spent in coming, and the estimated time necessary in returning 
home, and the amount actually by him expended for the trav¬ 
eling expenses and sustenance of himself, his assistants, and 
the convicts in charge in coming to said prison or house of ref¬ 
uge, and the estimated like expenses in returning; which ac¬ 
count shall then by him be certified under oath to be correct, 
and that the number of persons employed as assistants, were 
in his opinion necessary for the safe keeping and delivery of 
such convicts, to which shall be added the certificate of either 
the agent, keeper or clerk of such prison, or superintendent of 
such house of refuge, setting forth the number of convicts so 
delivered, and the distance from such prison to the place of their 


69 


conviction. The keeper of the respective prisons, and superin¬ 
tendent of the respective houses of refuge, are hereby author¬ 
ized to administer the oath above required. 

Payment of account.— § 4. The account, certified and 
attested as provided in the preceding section, shall be audited 
by the Comptroller, and paid out of the treasury, unless other¬ 
wise provided. 

Convicts sentenced at one court to be taken. — § 5. 
All the convicts who shall be sentenced to imprisonment in the 
same State prison, or to the same house of refuge, at one ses¬ 
sion of a criminal court, shall be transported at the same time, 
unless said court shall expressly direct otherwise. 

Saving clause.— § 6. Nothing in this act contained shall 
be held to apply to the transportation of any convict or convicts 
from the City of New York to the House of Refuge for Juve¬ 
nile Delinquents. 


Products Raised in this State to be Purchased as 
Supplies for Prisons. 

Chapter 32, Laws of 1899. 

§ 1. The officers, boards, commissions and departments 
whose duty it is to purchase supplies for the maintenance of in¬ 
mates in State institutions, shall, in purchasing such supplies, 
give preference to products raised within the State, price and 
quality being equal. 


Printing in State Prisons. 

Chapter 645, Laws of 1898. 

AN ACT IN Relation to Printing in Penal Institutions in 
THE State. 

§ 1. No printing or photo engraving shall be done in any 
State prison, penitentiary or reformatory for the State or any 
political division thereof, or for any public institution owned or 
managed and controlled by the State or any such political divi¬ 
sion, except such printing as may be required for or used in the 
penal and State charitable institutions, and the reports of the 
State Commission of Prisons and the Superintendent of Prisons, 
and all printing required in their offices. 




70 


Imitation Butter and Cheese Not to be Purchased 
for Prisons. 

Chapter 364, Laws of 1893. 

§ 1, No money appropriated by law for maintenance and 
support in whole or in part of a State institution; nor money 
received by a charitable, benevolent, penal or reformatory insti¬ 
tution from the State, or from a county, city or town thereof, 
or appropriated by such county, city or town for the mainte¬ 
nance or support in whole or in part of such institution nor 
money belonging to or used for maintenance or support of such 
institution, shall be expended for the purpose of, or in payment 
for, butterine, oleomargarine, lard cheese, or articles or prod¬ 
uct in imitation or semblance of natural butter or cheese pro¬ 
duced from pure, unadulterated milk or cream from the same, 
which articles or products have been rendered or manufactured 
in whole or in part from animal fat, or animal or vegetable oils 
not produced from unadulterated milk or cream from the same. 

§ 2. No officer, manager, superintendent or agent of an in¬ 
stitution mentioned in the first section of this act, shall pur¬ 
chase for the use of such institution articles or products for the 
purchase of which the money appropriated by law, or by a 
county, city or town, is forbidden to be used by this act, and 
no person shall sell to, or for the use of such institution, such 
articles or products. Nor shall such articles or products be used 
as articles of food or for cooking purposes in such institutions 
within this State. 


To Prevent the Detention of Children Over Two Years 
of Age in Any State Prison. 

Chapter 547, Laws of 1904. 

§ 1. If any woman committed to any Statens prison, at the 
time of such commitment is a mother of a nursing child in her 
care under one year of age, or if a child shall be borne to any 
woman after such commitment to a State's prison such child 
may accompany its mother to and remain in such institution until 
it is two years of age, and must then be removed therefrom,unless 
the term of imprisonment of such will expire within two years 
from the time said child thus reaches two years of age. The 
warden, superintendent or officer in charge of any State's 
prison, shall cause such child when he or she attains the age of 
two years to be placed in an asylum for children in this State or 



71 


may commit such child to the care and custody of some relative 
or proper person willing to assume such care. If such woman, 
at the time of such commitment, shall be the mother of and have 
under her exclusive care a child more than one year of age, 
which might otherwise be left without proper career guardian¬ 
ship, the justice or magistrate committing such woman shall 
cause such child to be committed to such asylum as may be pro¬ 
vided by law for such purposes, or to the care and custody of 
some relative or proper person willing to assume such care. 

Certificate of Former Conviction Evidence Upon Trial 
for Second or Subsequent' Offense. 

Chapter 290, Laws of 1878. 

Certificate. — § 1. The certificate of the warden or other 
chief officer of any State prison, or of the superintendent or 
other officer of any penitentiary under the seal of his office con¬ 
taining name of person, a statement of the court in which con¬ 
viction was had, the date and term of sentence, length of time 
imprisoned, and date of discharge from prison or penitentiary, 
shall be prima facie evidence on the trial of any person for a 
second or subsequent offense, of the imprisonment and dis¬ 
charge of such person, either by pardon or expiration of his 
sentence (as the case may be), under the conviction stated and 
set forth in such certificate. But such certificate shall not in 
any other case be evidence of such imprisonment and discharge. 
(As amended by Ch. 614-, L. 1881.) 


Expense of Convicts’Trials. 

Chapter 389, Laws of 1882. 

AN ACT TO Provide for the Payment by the State of the 
Expenses of the Trials of Convicts for Crimes Com¬ 
mitted During the Time of Their Imprisonment in 
Either of the State Prisons of the State. 

Section 1. State to pay expenses of trial. 

2. Detailed statement made by district attorney and forwarded to 

Comptroller. 

3. Audit of statement by Comptroller and Attorney-General. 

State TO PAY EXPENSES OF TRIAL. — § 1. Whenever any con¬ 
vict or convicts in either of the State prisons of this State or in 
the New York State Reformatory at Elmira, shall be indicted 
and tried for any offense committed by such convict or convicts 
during the time of their imprisonment in any State prison in 



72 


this State or reformatory, the expenses of such trial, and in 
case of conviction of murder in the first degree, the expenses 
of executing the judgment or sentence of the court shall be 
paid by the State. 

Detailed statement made by district attorney and 
FORWARDED TO COMPTROLLER. — § 2. It shall be the duty of 
the district attorney of any county in which such convict or con¬ 
victs shall be indicted and tried to make out a detailed state¬ 
ment under oath of all the necessary expenses incurred by any 
such trial, including the expenses of procuring witnesses to at¬ 
tend before the grand jury and at the trial of the indictment, and 
also the amount which shall or may be paid for petit jurors for 
and during the time occupied by such trial, and forward the 
same to the Comptroller of the State of New York. 

Audit of statement by Comptroller and Attorney-Gen¬ 
eral.— § 3. It shall be the duty of the Comptroller and At¬ 
torney-General to examine such statement and to correct the 
same by striking therefrom any and all items which are not in¬ 
tended to be paid by the provisions of this act, and after cor¬ 
recting such statement as aforesaid, to draw his draft upon the 
Treasurer for the amount of such expenses in favor of the 
county treasurer of the county in which such trial and indict¬ 
ment shall be had, which sum shall be paid to said county treas¬ 
urer out of any moneys in the treasury not otherwise appropri¬ 
ated. 


Employment of Convicts upon the Highway. 

Chapter 266, Laws of 1894. 

AN ACT TO Provide for the Employment of State Prison 
Convicts upon the Public Highway. 

§ 1. The Superintendent of State Prisons may employ or 
cause to be employed, not to exceed three hundred of the con¬ 
victs confined in each State prison in the improvement of the 
public highways, within a radius of thirty miles from such and 
outside of an incorporated city or village. 

§ 2. The agent and warden of each prison may make such 
rules as he may deem necessary for the proper care of such 
prisoners while so employed, subject to the approval of the Su¬ 
perintendent of State Prisons. 

§ 3. The agent and warden of each prison may designate, sub¬ 
ject to the approval of the Superintendent of State Prisons, the 
highways and portions thereof upon which such labor shall be 
employed; and such portions so designated and approved shall be 



73 


under his control during the time such improvements are in pro¬ 
gress, and the State Engineer and Surveyor shall fix the grade 
and width of the roadway of such highways and direct the 
manner in which the work shall be done. 

§ 4. The Superintendent of State Prisons is hereby author¬ 
ized to purchase any machinery, tools and materials necessary 
in such employment. 

§ 5. Any person interfering with or in any way interrupting 
the work of any convict employed pursuant to this act, upon 
the public highways, or any persons giving or attempting to give 
any intoxicating liquors, beer, ale or other spirituous beverage 
to any State prison convict so employed, shall be guilty of a 
misdemeanor. Any officer or keeper of any State prison hav¬ 
ing in charge the convicts employed upon such highways, may 
arrest without a warrant any person violating any provision of 
this section. (§ 5 added by Ch. 66h, L. 189A. § 6 repeals 

Ch. 312, L. 1893.) 


Prison Fund. 

Chapter 637, Laws of 1887. 

AN ACT TO Establish a Prison Fund and to Designate the 
Sources and Purposes Thereof. 

§ 1. There shall be established in the treasury of this State 
a fund which shall be known and designated as the prison fund; 
it shall consist of all moneys raised by taxation for prison pur¬ 
poses or heretofore appropriated and unexpended therefor, and 
all moneys arising from the sale of the products or property of 
the prisons, and all such moneys, whenever received in the 
treasury, shall be placed to the credit of such fund ; and all ap¬ 
propriations made for any of the prisons of this State (except 
for repairs other than the ordinary repairs thereof), for the 
maintenance thereof, for the purchase of materials therefor, 
and for manufacturing therein, shall be paid by the Treasurer 
from such fund, upon the warrant of the Comptroller. 


Fees from Visitors. 

Chapter 417, Laws of 1862. 

Fees from visitors to go to discharged convicts.— 
5. The funds arising from the fees charged to visitors at the 




74 


State prisons may be applied, under the direction of the inspec¬ 
tors of State prisons, and the fees charged to visitors at the 
penitentiaries may, in like manner, be applied, under the direc¬ 
tion of the board or committee charged with the general man¬ 
agement thereof, by the warden, superintendent or other officer 
having charge of any State prison or penitentiary, for the use 
and benefit of convicts upon their discharge, in addition to the 
amount now allowed by law ; and also on the condition that the 
allowance of such additional sum shall be the good behavior of 
the convict, from and after the passage of this act. {Id. as 
amended by Ch. U15y L. 1863. 

Note.—T his section is inoperative for the reason that fees are not charg¬ 
ed to visitors. 


Commutation of Sentences. 

Chapter 21, Laws of 1886. 


AN ACT Providing for Commutation of Sentences for 
Good Behavior of Convicts in the Prisons and Pen- 

ITENTARIES IN THIS STATE. 


Section 1. 

2 . 

3. 

4. 

5. 

6 . 
7. 


8 . 

9. 

10 . 

11 . 

12 . 

13. 

14. 


15. 


16. 

17. 

18. 

19. 

20 . 
21 . 


Commutation of sentence convict may earn. 

Commutation, how computed. 

Term of imprisonment, when to begin. 

Warden to report monthly to Governor; contents. 

Terms expiring on holidays and Sundays. 

Rule .3 for allowance of commutation; change thereof. 
Allowance of commutation to be determined by prison board; 
regulations respecting the same; part of commutation may 
be withheld. 

Reasons for withholding to be sent to Governor; his power. 
Forfeiture of commutation for escapes. 

Proceedings for determining as to escapes. 

To whom provisions as to escapes are applicable. 

Reports to Governor, how signed. 

Power of Governor to grant commutation for good conduct. 
Governor to annex condition to commutation; return of con¬ 
vict to prison for violation. 

Certificate of wardens as to commutation may be received in 
evidence. 

Convicts to be informed of this act. 

Proceedings upon discharge. 

Application of act to asylum for insane criminals ; powers of 
medical superintendent. 

Application of act to convicts in reformatory; powers of su¬ 
perintendent. 

Quorum, powers of majority. 

Repealing inconsistent acts. 


Commutation of sentence convict may earn; amount 
THEREOF. — § 1. A sentence to imprisonment in a State prison 
for a definite fixed period of time is a definite sentence. A sen¬ 
tence to imprisonment in a State prison having minimum and 
maximum limits fixed by the court is an indeterminate sentence. 
Every convict confined under a definite sentence in any State 
prison or penitentiary in this State, on a conviction of a felony 
or misdemeanor, whether male or female, where the terms or 
term equal or equals one year, exclusive of any term which may 
be imposed by the court or by statute as an alternative to the 
payment of a fine, or a term of life imprisonment, may earn 
for himself or herself a commutation or diminution of his or 


75 


her sentence or sentences as follows, namely, two months for 
the first year, two months for the second year, four months 
each for the third and fourth years, and five months for each 
subsequent year, (^s amended by Ch. 137, L. 1903.) 

Commutation, how computed.— § 2. Where any convict 
in any State prison or penitentiary in this State is held under 
more than one conviction, the several terms of imprisonment 
imposed thereunder shall be construed as one continuing term 
for the purpose of estimating the amount of commutation whic h 
he or she may be entitled to under the provisions of this act. 

Term of imprisonment, when to begin. — § 3. For the pur¬ 
pose of this act the term of imprisonment of each convict shall 
begin on the date of his or her actual incarceration in a State 
prison or penitentiary. 

Warden to report monthly to Governor; contents.—§ 4. 
On any day not later than the twentieth day of each month, the 
agent and warden of each of the State prisons in this State, 
and the warden or superintendent of each of the penitentiaries 
in this State, shall forward to the Governor a report, directed 
to him, of any convict or convicts who may be discharged the 
following month by reason of the commutation of his or her 
sentence or their sentences in the manner hereinafter provided, 
which may be written or printed, or partly written and partly 
printed, which shall be uniform as to size and arrangement, 
which size and arrangement shall be fixed by the Governor, and 
shall contain the following information, distinctly written, name¬ 
ly : The full name of the convict, together with any alias which 
he or she may be known to have, the name of the county where 
the conviction was had, a brief description of the crime of 
which the convict was convicted, the name of the court in which 
the conviction was had, the name of the presiding judge, the 
date of sentence, the date of reception in the prison or peniten¬ 
tiary, the term and fine, the amount of commutation recom¬ 
mended, and the date for discharge from prison or penitentiary, 
if allowed. 

Terms expiring on holidays and Sundays.— § 5. In the 
cases of all convicts v/here the date of discharge from a State 
prison or penitentiary, as determined after the allowance of 
commutation for good conduct, falls on Sunday, or any legal 
holiday, it shall fall on the day following. 

Rules for allowance of commutation; change there¬ 
of. — § 6 . As soon as practicable after the passage of this act, 
the Superintendent of State Prisons shall formulate rules govern¬ 
ing the allowance or disallowance of commutation to convicts 
for good conduct in prison or penitentiary which shall in all cases 
be strictly adhered to in all the prisons and penitentiaries in 
this State. These rules may be changed from time to time, if 
necessary, in the discretion of the Superintendent of State Pris- 


77 


ons, and he shall immediately on their adoption, or of any 
changes in the same thereafter, cause copies of the same to be 
forwarded to the agents and wardens of all the prisons, and 
the wardens or superintendents of all the penitentiaries in this 
State. A copy of these rules shall be furnished to every con¬ 
vict entitled to the benefits of this act. 

Allowance of commutation to be determined by prison 
board; regulations respecting the same; part of commu¬ 
tation MAY BE WITHHELD. — § 7. For the purpose of applying 
the rules mentioned in the last section for the allowance or dis¬ 
allowance of commutation for the good conduct of any convict, 
a board shall be constituted in each of the prisons and penitent¬ 
iaries of this State, to consist of the agent and warden in each 
of the State prisons and the principal keeper and the physician 
therein, and the warden or superintendent in each of the peni¬ 
tentiaries of this State, the deputy or principal keeper and the 
physician therein, or of the persons acting in their place and 
stead. This board shall meet once in each month before the 
date fixed for the transmission of their report to the Governor, 
as hereinbefore provided, and proceed to determine the amount 
of commutation which they shall recommend to be allowed to 
any convict, which shall not in any case exceed the amount fixed 
by this act. They shall have full discretion to recommend the 
withholding the allowance of commutation for good conduct, or 
of a part thereof as a punishment for offenses against the dis¬ 
cipline of the prison or penitentiary, in accordance with the 
rules hereinbefore mentioned. 

Reasons for withholding to be sent to governor; his 
POWER. — § 8. In all cases, however, where the board shall 
recommend the withholding of the allowance of the whole or 
any part of commutation for good conduct, they shall forward 
with their report to the Governor their reasons, in writing, for 
such disallowance, and the Governor may, in his discretion, de¬ 
crease or increase the amount of commutation as recommended 
by the said board, but he shall not increase the same beyond the 
amount fixed by this act. 

Forfeiture of commutation for escapes. — § 9. In case 
any convict in any of the State prisons or penitentiaries in this 
State having a sentence or sentences which equals or equal four 
years, escapes or attempts to escape, he or she shall, for the 
first escape or attempt to escape, forfeit one-half the amount 
of commutation fixed by this act. For the second escape or at¬ 
tempt to escape, he or she shall forfeit all commutation for 
good conduct as provided for in this act. Any convict, how¬ 
ever, having a sentence or sentences which equals or equal less 
than four years, who escapes or attempts to escape, shall for¬ 
feit all commutation for good conduct as provided for in this 
act. But where a convict has more than one term, the pro vis- 


78 


ions of this section shall only apply to the term during which 
the escape or attempt to escape was made. 

Proceedings FOR DETERMINING AS TO ESCAPES.— § 10. The 
board hereinbefore provided for to fix the amount of commuta¬ 
tion for good conduct shall, immediately on the escape or at¬ 
tempt to escape of any convict, meet and proceed to investigate 
the said escape or attempt to escape, reduce the testimony of 
all persons having knowledge on the subject to writing, cause 
the said persons to affix their signatures thereto and make oath 
to the same before any one of the members of said board, who 
is hereby authorized and empowered to administer such oath, 
and false swearing on such examination or in such statement 
shall be perjury. The said board shall thereupon make a full re¬ 
port in writing, and immediately forward the same to the Su¬ 
perintendent of State Prisons, who shall thereupon determine 
whether an escape or attempt to escape was committed, 
make an indorsement, in writing, of his decision, and return 
the same to the agent and warden of the State prison, or the 
warden or superintendent of the penitentiary where the escape 
or attempt to escape shall have occurred, where the same shall 
be recorded in a book to be kept for that purpose. But, if from 
newly-discovered evidence, or other just cause, there is reason¬ 
able ground to believe that an injustice has been done to any 
convict in his or her having been adjudged to have escaped or 
attempted to have escaped, the Superintendent of State Prisons 
may, in his discretion, make an order in writing directed to the 
agent and warden of the State prison or the warden or super¬ 
intendent of the penitentiary from which such convict was ad¬ 
judged to have escaped or attempted to have escaped, requiring 
that a re-examination of the former adjudication be had, and 
upon a report to him of such re-examination, he shall proceed 
to render a decision upon the same. And the proceedings on 
such re-examination, the decision and the proceedings had there¬ 
under, shall in all respects be conducted in the manner above 
set forth in this section as upon a first hearing in the matter of 
an escape or attempt to escape. But the provisions of this sec¬ 
tion shall not apply to the case of any convict, the length of 
whose term or terms is less than one year. 

To WHOM PROVISIONS AS TO ESCAPES ARE APPLICABLE.— 
§ 11. The provisions of section nine shall apply to all convicts 
who are now, or may hereafter be confined in any prison or 
penitentiary of this State. 

Reports to governor, how signed. — § 12. The reports of 
the various boards for the determination of the amount of com¬ 
mutation for good conduct of convicts in the prisons and peni¬ 
tentiaries of this State to the Governor, shall be personally 
signed by the members thereof. 

Power of governor to grant commutation for good 


79 


CONDUCT.— § 13. The Governor, upon the receipt of the re¬ 
port recommending the allowance of commutation of sentences 
of convicts for good conduct as provided for in this act, may, 
in his discretion, allow the same, and place the names of all 
those convicts whom he may determine to commute upon one 
warrant, and direct the same to the agent and warden of the 
State prison, or the warden or superintendent of the peniten¬ 
tiary, wherein such convicts may be confined, who shall there¬ 
upon proceed to execute such warrant by discharging the 
convicts mentioned therein on the date fixed for their discharge. 

Note.-S ee § 83, Ch. 382, L. 1889 ante p. 30. 

Governor to annex condition to commutation; return 
OF CONVICT TO PRISON FOR VIOLATION. — § 14. The Govemor 
shall, in commuting the sentences of convicts as provided for 
in this act, annex a condition to the effect that if any convict 
so commuted shall, during the period between the date of his 
or her discharge, by reason of such commutation and the date 
of the expiration of the full term for which he or she was 
sentenced, be convicted of any felony, he or she shall, in addi¬ 
tion to the penalty which may be imposed for such felony 
committed in the interval as aforesaid, be compelled to serve 
in the prison or penitentiary in which he or she may be confined 
for the felony for which he or she is so convicted, the remainder 
of the term without commutation which he or she would have 
been compelled to serve but for the commutation of his or her 
sentence as provided for in this act. 

Certificate of wardens as to commutation may be 
RECEIVED IN EVIDENCE. — § 15. The certificate of the agent 
and warden of a State prison or the warden or superintendent 
of a penitentiary, that the period of imprisonment of a convict 
was commuted under the provisions of this act, and of the crime 
and the length of term for which such commutation was granted, 
shall be received in evidence as proof for the purposes men¬ 
tioned and described in section fourteen. 

Convicts to be informed of this act. — § 16. Upon the 
receipt of any convict in any prison or penitentiary in this State 
who shall be entitled to the benefits of this act, the provisions 
of the same shall be read to him or her, and the meaning of 
the same shall be fully explained to him or her by the clerk of 
the prison or penitentiary. 

Proceedings upon discharge. — § 17. Upon the discharge 
of any convict by reason of commutation of sentence for good 
conduct, the provisions of sections fourteen and fifteen of this 
act shall be read to, and their nature fully explained to him or 
her, by the clerk of the prison or penitentiary. 

Application of act to asylum for insane criminals; 
POWERS OF MEDICAL SUPERINTENDENT.— § 18. The provis- 
sions of this act shall apply to any convict who may have been 


80 


transferred to the State Asylum for Insane Criminals from 
either of the prisons or penitentiaries or from any reformatory 
of this State to which he or she may have been transferred from 
any of the prisons or penitentiaries of this State whose sentence 
or sentences aggregates or aggregate not less than one year. 
And the medical superintendent of the State Asylum for Insane 
Criminals may and shall perform any of the acts which may or 
shall be done by any board mentioned in this act. 

Note. —The foregoing chapter and ^ 77, Ch. 382, L. 1889, supersedes § 3, 
Ch. 417, L. 1862 as amended by Ch. 415, L. 1863. 

Application OF ACT to convicts in reformatory; powers 
OF SUPERINTENDENT. — § 19. The provisions of this act shall 
apply to any convict who may have been transferred from either 
of the prisons or penitentiaries to any reformatory of this State 
whose sentence or sentences equals or equal not less than one 
year. And the superintendent or chief officer of any reforma¬ 
tory in this State in which any convict may be transferred as 
aforesaid, may and shall perform any of the acts which may 
or shall be done by any board mentioned in this act. 

Note.— ^ 20 is repealed by the statutory construction law, Ch. 677, L. 
1892, which reads as follows: 

§ 19. Meeting; Quorum; Powers of majority.— Whenever three or 
more public officers are given any power or authority, or three or more per¬ 
sons are charged with any public duty to be performed or exercised by them 
jointly or as a board or similar body, a majority of all such persons or offi¬ 
cers at a meeting duly held at a time fixed by law, or by any by-law adopted 
by such board or body, or at any duly adjourned meeting of such meeting, 
or at any meeting duly held upon reasonable notice to all of them, may per¬ 
form and exercise such power, authority or duty, and if one or more of such 
persons or officers shall have died or have become mentally incapable of act¬ 
ing, or shall refuse or neglect to attend any such meeting, a majority or the 
whole number of such persons or officers shall be a quorum of such board or 
body, and a majority of a quorum, if not less than a majority of the whole 
number of such persons or officers, may perform and exercise any such power, 
authority or duty. Any such meeting may be adjourned by a less number 
than a quorum. A recital in any order, resolution or other record of any 
proceeding of such a meeting that such meeting had been so held or adjourn¬ 
ed, or that it had been held upon such notice to the members, shall be pre 
sumptive evidence thereof. 

§ 21. All acts and parts of acts inconsistent with the pro¬ 
visions of this act are hereby repealed. 

§ 22. This act shall take effect immediately. 


RULES 

FORMULATED IN COMPLIANCE WITH THE REQUIRE¬ 
MENTS OF SECTION SIX OF THE FOREGOING CHAPTER. 
§ 9. Rule 1. In case any convict in any of the State prisons 



81 


or penitentiaries in this State having a sentence or sentences 
which equals or equal four years, escapes or attempts to escape, 
he or she shall, for the first escape or attempt to escape, forfeit 
one-half the amount of commutation fixed by the above act. 
For the second escape or attempt to escape, he or she shall for¬ 
feit all commutation for good conduct provided for in the above 
act. A.ny convict, however, having a sentence or sentences 
which equals or equal less than four years, who escapes or 
attempts to escape, shall forfeit all commutation for good conduct 
provided for in the above act. 

Rule 2. Any convict who shall assault an officer with a dan¬ 
gerous weapon shall forfeit not less than one-half of the com¬ 
mutation fixed by the above act for good conduct. 

Rule 3. Any convict who shall assault another convict with 
a dangerous weapon shall forfeit not less than one-quarter of 
the commutation fixed by the above act for good conduct. 

Rule 4. For assaulting or attempting to assault an officer 
or another convict not with a dangerous weapon;*for disobeying 
orders; for resisting an officer; for insubordination; for feign¬ 
ing insanity; for smuggling or attempting to smuggle letters or 
other articles in or out of prison or penitentiary, the convict offend¬ 
ing shall forfeit not less than ten days of the allowance of com¬ 
mutation fixed by the above act for good conduct. 

Rule 5. Any convict who shall destroy or secrete property 
shall forfeit not less than five days of the allowance of commu¬ 
tation fixed by the above act for good conduct. 

Rule 6 . For offenses not enumerated in the foregoing rules, 
but which in the judgment of the board constituted by section 
7 of the above act require a penalty, the convict offending shall 
forfeit not less than three days of the allowance of commuta¬ 
tion fixed by the above act for good conduct. 

Rule 7. If while serving the remainder of a term as provid¬ 
ed by section 14 of the above act, a convict shall commit any 
of the offenses enumerated in the foregoing rules, the forfeiture 
therefor shall apply on the term of the last sentence. 

Rule 8. The board constituted by section 7 of the above act 
may take into consideration the general average conduct of a 
convict, and recommend the withholding of such part of the 
commutation for good conduct as in its judgment may be just 
in accordance with the foregoing rules. 

CORNELIUS V. COLLINS, 
Superintendent of State Prisons. 

Albany, May 15, 1898. 


6 



state Commission of Prisons. 

Chapter 1026, Laws of 1895. 

AN ACT TO Provide for the Appointment of a State 
Commission of Prisons, and Defining its Duties and 
Powers. 

Section 1. Appointment of commissioners, term of office. 

2. Powers and duties. 

4. Officers, duties and salaries of. 

5. Inspection and investigation of institutions. 

6. Penal institutions to report to commission. 

7. Refusal to admit commissioners ; compulsory process. 

7a. Estimates to be furnished by certain officers. 

8. Compensation and expenses of commission. 

Appointment of commissioners, term of office.— § 1. 
The State Commission of Prisons shall consist of three mem¬ 
bers, to be appointed by the Governor, by and with the advice 
and consent of the Senate, and in making such appointments, 
the Governor shall designate one of such members as president 
of the commission. Except as provided in this section, a mem¬ 
ber of such commission first appointed shall hold office for a 
term to expire on the thirty-first day of December, nineteen 
hundred and four, and a successor to such member thereafter 
appointed shall hold office for a term of four years, beginning 
on the first day of January of the year in which he was ap¬ 
pointed. If at the time of his appointment any member of such 
commission holds any other State office, his term as a member 
of such commission shall expire on the expiration of his term 
as such other State officer, and his successor shall hold office for 
the balance of the term during which such State officer would 
have held, except for the foregoing limitation. Said commis¬ 
sion shall have power to make and use an official seal and alter 
the same at pleasure. Within twenty days after the amend¬ 
ment of this section takes effect, the Governor shall appoint a 
State Commission of Prisons as herein provided, and upon the 
appointment and qualification of the members of such commis¬ 
sion, the terms of the members of the Commission of Prisons 
then in office shall expire. (As amended hy Ch. 12, L. 1901.) 

Note. —Legislature to provide for State Commission of Prisons. Const., 
Art. VIII, § 11, ante p. 6. Appointment of commission. Id. ^ 12. 


82 


83 


Powers and duties. — § 2. It shall be the duty of said com¬ 
mission to visit and inspect all institutions used for the deten¬ 
tion of sane ^ adults charged with or convicted of crime, or 
detained as witnesses or debtors; to aid in securing the just, hu¬ 
mane and economic administration of all said institutions subject 
to its inspection; to aid in securing the erection of suitable build¬ 
ings for the accomodation of the inmates of such institutions, 
and to approve or reject plans for their construction or improve¬ 
ment; to investigate the management of all institutions made 
subject to the visitation of said commission and the conduct and 
efficiency of the officers or persons charged with their manage¬ 
ment; to secure the best sanitary conditions of the buildings and 
grounds of all such institutions, and to protect and preserve 
the health of the inmates; to collect statistical information in 
respect to the property, receipts and expenditures of said insti¬ 
tutions, the number and condition of the inmates thereof; and 
to ascertain and recommend such system of employing said 
inmates as may, in the opinion of said commission, be for the 
best interests of the public and not in conflict with the provisions 
of the Constitution relating to the employment of prisoners. 

Rooms and stationery. — § 3. The proper authorities shall 
provide for and assign to such commission suitably furnished 
rooms for its office and place of meeting in the State Hall or 
Capitol at Albany, where it shall hold its meetings as often as 
once in three months, and the Comptroller shall furnish said 
commission with all necessary journals, account books, blanks 
and stationery. 

Officers; duties; salaries.— § 4. Such commission shall 
annually elect a secretary, who shall keep a record of all its 
proceedings, and perform such duties as may be required of him 
by the commission and by law, and he shall receive a salary of 
three thousand dollars per annum; and the said commission 
may also appoint as employees and assistants of said commission, 
and of the commissioners, in the performance of their official 
duties, a clerk, at an annual salary of one thousand flve hun¬ 
dred dollars, a stenographer and a general office assistant, at an 
annual salary of one thousand dollars each, and remove each 
and appoint a successor at any time; and the said commission is 
authorized to make rules and regulations for its meetings and 
the transaction of its business and also as to the manner in 
which reports to it shall be made, and all matters shall be pre¬ 
sented before it. {As amended by Ch. 12, L. 1901.) 

Inspection and investigations of institutions.— § 5. 
Said commission or any of said commissioners, or its secretary, 
if authorized by it, is authorized to visit and inspect any of said 
institutions, subject to its visitations, and may take and hear 
testimony or proofs in relation to any matter before it or him 
upon any visit, inspection or examination made by such com¬ 
mission or member thereof, and the said commission or any 


84 


members thereof, shall have full access to persons, grounds, 
buildings, books and papers relating thereto, and may require 
from the officers and persons in charge any information it or he 
may deem necessary in the discharge of its or his duties. Said 
commission may prepare regulations according to which and 
provide blanks and forms upon which, such information shall 
be furnished in a clear, uniform and prompt manner for the use 
of said commission. Said commission shall make an annual re¬ 
port to the Legislature, in January in each year, in which it 
shall give the results of its work and such information as it 
deems proper relating to said institutions, and its opinions and 
conclusions relating to the same. 

Penal institutions to report to commission.— § 6 . The 
warden of every prison, the superintendent or manager of every 
penitentiary, the keeper of every jail or other institution used 
for the detention of sane adults charged with or convicted of 
crime or detained as witnesses or debtors shall on or before the 
first day of November in each and every year report to the 
State Commission of Prisons the number of male and female 
persons charged with crime and awaiting trial, the number con¬ 
victed of crime, the number detained as witnesses, and as debt¬ 
ors, in his custody on the first day of October last past, together 
with a statistical exhibit of the number of admissions, discharges 
and deaths which have occurred within the past year, the nature 
of the charge, the period of detention or sentence, and such 
other facts and information as the commission may require. 

Refusal to admit commissioners; compulsory process.— 
§ 7. Any officer, superintendent or employee of any of said 
penal institutions who shall refuse to admit said commission or 
any of said comissioners or its secretary or other authorized 
agent for the purpose of visitation or inspection, or shall refuse 
or neglect to furnish the information required by the said com¬ 
mission or any member thereof, or its secretary, shall be guilty 
of a misdemeanor, and subject to a fine of one hundred dollars 
for each such refusal or neglect. The rights and powers hereby 
conferred may be enforced by an order of the Supreme Court. 
In making investigations as herein empowered said commission 
or any member thereof is hereby empowered to issue compulsory 
process for the attendance of witnesses and the production of 
papers, to administer oaths, and to examine persons under oath 
and to exercise the same powers as belong to referees appointed 
by the court. 

Estimates to be furnished by certain officers. — § 7a. 
The said commission shall have the further duty and authority 
to require the proper officials of the State and the political divi 
sions thereof, and of all public institutions of the State, and 
political divisions thereof, supported wholly or in part by the 
State, or any political division thereof, to furnish to said com¬ 
mission, annually, estimates for each ensuing year of the 


85 


amount of labor to be required by each, and of the articles which 
may be manufactured in penal institutions, required to be pur¬ 
chased for the use of the State or the political divisions, or said 
institutions in their charge or under their management. 

Compensation and expenses of commission. — § 8. The 
president of such commission shall receive an annual salary of 
two thousand five hundred dollars. The other members of such 
commission shall serve without compensation. All such mxem- 
bers shall receive their expenses, actually and necessarily in¬ 
curred in the performance of their official duties as members of 
such commission, which shall be paid quarterly by the Treasurer 
on the warrant of the Comptroller. The salary and expenses 
of the secretary and the other stated employees of the commission 
shall be paid monthly in like manner. (As amended by Ch. U30, 
L. 1896 and Ch, 12, L. 1901.) 

Note. —Ch. 12, L. 1901 amending the several sections of the foregoing 
chapter also provided in its § 3 as follows. 

‘ ‘This act shall not affect any action or proceeding civil or criminal, pend¬ 
ing at the time of the taking effect thereof, but such action or proceeding 
may be prosecuted or defended in the same manner and with the same effect 
as if no change had been made in the organization or membership of the 
State Commission of Prisons; nor shall any provision of the act affect in any 
way the orders and recommendations made by, or other matters before, such 
commission when this act takes effect.” 


Freedom of Worship. 

Chapter 396, Laws of 1892. 

AN ACT TO Provide for the Better Security of the Free¬ 
dom OF Religious Worship in Certain Institutions. 

Section 1. Freedom of worbhip. 

2. Application of act. 

3. Rules and regulations to permit freedom of worship. 

Freedom of worship— § 1. All persons who may have 
been or may hereafter be committed to or taken charge of by 
any of the institutions mentioned in this act, are hereby declared 
to be and entitled to the free exercise and enjoyment of religious 
profession and worship, without discrimination or preference. 

Application of act. — § 2. This act shall be deemed to 
apply to every incorporated or unincorporated society for the 
reformation of its inmates, as well as houses of refuge, peni¬ 
tentiaries, protectories, reformatories or other penal institutions, 
continuing to receive for its use, either public moneys, or a per 
capita sum from any municipality for the support of its inmates. 

Rules and regulations to permit freedom of worship. — 
§ 3. The rules and regulations established for the government 
of the institutions mentioned in this act shall recognize the 
right of the inmates to the free exercise of their religious belief, 
and to worship God according to the dictates of their consciences, 
in accordance with the provisions of the Constitution; and shall 
allow religious services on Sunday and for private ministration 
to the inmates in such manner as may best carry into effect the 
spirit and intent of this act, and be consistent with the proper 
discipline and management of the institution; and the inmates 
of such institutions shall be allowed such religious services and 
spiritual advice and spiritual ministration from some recognized 
clergyman of the denomination or church which said inmates 
may respectively prefer or to which they may have belonged 
prior to their being confined in such institutions; but if any of 
such inmates shall be minors under the age of sixteen years, 
then such services, advice and spiritual ministration shall be al¬ 
lowed in accordance with the methods and rites of the particular 
denomination or church which the parents or guardians of such 
minors may select; such services to be had and such advice and 

86 


87 


ministration to be given within the buildings or grounds where 
the inmates are required by law to be confined, in such manner 
and at such hours as will be in harmony, as aforesaid, with the 
discipline and the rules and regulations of the institution and 
secure to such inmates free exercise of their religious beliefs in 
accordance with the provisions of this act. In case of a viola¬ 
tion of any of the provisions of this act, any person feeling 
himself aggrieved thereby may institute proceedings in the 
Supreme Court of the district where such institution is situated, 
which is hereby authorized and empowered to enforce the pro¬ 
visions of this act. 


Bertillon System of Measurement 

for the 

Identification of Criminals. 

Chapter 440, Laws of 1896. 

AN ACT TO Facilitate the Identification of Criminals. 

Section 1. Measurement of prisoners. 

2. Indexing and classifying prisoners. 

Measurement of prisoners. — § 1. The Superintendent of 
State Prisons shall cause the prisoners in the State prisons 
therein confined at the time this act takes effect, and all prison¬ 
ers thereinafter received under sentence to be measured and 
described in accordance with the system commonly known as 
the Bertillon method for identification of criminals. The said 
Superintendent shall cause such measurements to be made by a 
person or persons in official service of the State, and shall pre¬ 
scribe rules and regulations for keeping accurate records of such 
measurements at such prisons and in duplicate at his office in 
Albany and for classifying and indexing the same. It shall also 
be the duty of the officials having charge of the New York State 
Reformatory at Elmira, and of the penitentiaries in which pris¬ 
oners shall be confined, or shall be hereafter received under sen¬ 
tence of thirty days or more, to cause said prisoners to be meas¬ 
ured and described in accordance with said Bertillon system by 
such person or persons in the official service of the State or of 
any such county or institution as may be designated by the Su¬ 
perintendent of State Prisons for the purpose, which measure¬ 
ments shall be made according to the rules and methods pre¬ 
scribed by the Superintendent of State Prisons. And it shall be 
the duty of the officials in charge of said New York State 
Reformatory at Elmira, and of such penitentiaries to cause dupli¬ 
cate records of such measurements to be transmitted to the 
Superintendent of State Prisons to be by him indexed and clas¬ 
sified according to said Bertillon system. (As amended by Ch, 
m, L. 1900.) 

Indexing and classifying prisoners. — § 2. The Superin¬ 
tendent of State Prisons is also authorized to file, index and 

88 


89 

classify Bertillon descriptive cards received from other sources. 
The necessary expenses incurred by the Superintendent of State 
Prisons in indexing and classifying prisoners, as provided in 
this act, shall be payable by the Treasurer from the moneys ap¬ 
propriated for the maintenance and support of the several State 
prisons, on the warrant of the Comptroller, and on bills approved 
by the Superintendent of State Prisons, but such expenses shall 
not exceed three thousand dollars per year. (As amended by 
Ch. U98, L. 1900, and Ch. 2Uy L. 1902.) 


Prison Association. 

Extract from Chapter 163, Laws of 1846. 

Note — § § 1-5 incorporate and regulate the association. 

Prison Association may visit.— § 6. The said execut¬ 
ive committee, by such committees as they shall from time to 
time appoint, shall have power, and it shall be their duty to 
visit, inspect and examine all the prisons in the State, and 
annually report to the Legislature their state and condition, and 
all such other things in regard to them as may enable the Legis¬ 
lature to perfect their government and discipline. And to 
enable them to execute the powers and perform the duties hereby 
granted and imposed, they shall possess all the powers and 
authority that by the twenty-fourth section, of title first, chap¬ 
ter third, part fourth of the Revised Statutes are vested in the 
inspectors of county prisons, and the duties of the keepers of 
each prison that they may examine shall be the same in rela¬ 
tion to them, as in the section aforesaid, are imposed on the 
keepers of such prisons in relation to the inspectors thereof; 
provided that no such examination or inspection of any prison 
shall be made until an order for that purpose to be granted by 
the Chancellor of this State, or one of the judges of the 
Supreme Court or by a vice chancellor or circuit judge, or by the 
first judge of the county in which the prison to be examined 
shall be situate shall first have been had and obtained, which 
order shall specify the nam.e of the prison to be examined, the 
names of the persons members of the said association by whom 
the examination is to be made, and the time within which the 
same must be concluded. 

Appropriation.— § 2. For the Prison Association of the 
State of New York, four thousand dollars; and the said asso¬ 
ciation, in addition to the powers heretofore conferred upon 
them, are hereby instructed and required to examine any per¬ 
son or persons with reference to the moral or financial admin¬ 
istration of the prisons of the State, and the reformatory agen¬ 
cies employed in them, whenever they elect, provided that no 
expense shall be incurred to the State in such examination. 


90 


Transfer of Prisoners 

FROM THE NEW YORK STATE REFORMATORY, AT ELMIRA, TO 
THE EASTERN NEW YORK REFORMATORY, AT NAPANOCH, 
AND THE STATE PRISONS, AND STATE PRISONS TO THE 
REFORMATORY. 

FROM CHAPTER 378, LAWS OF 1900. 

Transfer of Prisoners to Eastern New York Reform¬ 
atory AT NaPANOCH and TO STATE PRISONS. — § 16. If it 
shall appear to the board of managers of the reformatory that 
the reformatory is over-crowded or that any prisoner confined 
therein, 

1. Was, at the time of his conviction, more than thirty years 
of age; or 

2. Has been previously convicted of a felony; or 

3. While in the reformatory, is incorrigible and that his 
presence therein is seriously detrimental to the welfare of the 
institution; an application may be made to a justice of the 
Supreme Court of the judicial district in which such reformatory 
is located, for an order transferring the prisoner named therein 
to the Eastern New York Reformatory, at Napanoch or to a 
State prison. Such application shall be by written petition 
signed by the president or secretary of the board and shall state 
the causes for seeking such transfer and due notice of such 
application with a copy of the petition shall be served personally 
or by mail at least eight days before the hearing on the Super¬ 
intendent of State Prisons who shall specify the institution to 
which such prisoner shall be transferred; in case the order shall 
be made. Such justice shall grant such order of transfer, on 
such hearing as he may prescribe, if it appears to his satisfac¬ 
tion that the facts alleged are true and that such transfer should 
be made. A prisoner so transferred shall be confined in such 
institution as under an indeterminate sentence, commencing 
with his imprisonment in the reformatory with a minimum of 
one year and a maximum fixed by law for the crime of which 
the prisoner was convicted and sentenced; and maybe released 
on parole or absolutely discharged as are other prisoners con¬ 
fined under an indeterminate sentence. Such prisoner may be 
returned at any time to the reformatory in the discretion of the 

91 


92 


Superintendent of State Prisons, and with the consent of the 
board of managers of such reformatory. (As amended by Ch. 
138, L. 1903.) 

Transfer from State Prisons to the Reformatory.—§ 17. 
Whenever there is unoccupied room in the reformatory, the 
board of managers thereof may make a requisition upon the 
Superintendent of State Prisons, for a sufficient number of well- 
behaved and most promising convicts under thirty years of age 
and who are confined in a State prison because of a first offense, 
and the Superintendent of State Prisons shall transfer such 
convicts to such reformatory for education and treatment 
under the rules thereof. The board of managers shall receive and 
detain the prisoners so transferred for the terms of their sen¬ 
tences, if such sentences are for fixed terms, less the commu¬ 
tation of imprisonment if earned, that would have been allowed 
to them for good conduct if they had completed their terms in 
the State prisons from which they were transferred. If such 
prisoners are confined under an indeterminate sentence, they 
may be paroled and discharged as are prisoners confined in a 
State prison, except that the board of managers shall constitute 
a board of parole for the purpose of paroling and discharging 
such prisoners, and such board shall make rules for such parole 
and discharge not inconsistent with law and in general con¬ 
formity with the rules made by the parole boards of the State 
prisons. 


Convict-Made Goods. 

Chapter 415^ Laws of 1897. 

AN ACT IN Relation to Labor, Constituting Chapter 
Thirty-Two of the General Laws. 


ARTICLE IV. 


Convict-Made Goods and Duties of Commissioners of 
Labor Statistics Relative Thereto, Sections 50-55. 


Section 50. 

51. 

52. 

53. 

54. 

55. 


License for sale of convict-made goods. * 

Revocation of license. 

Annual statement of licensee. 

Labeling and marking convict-made goods. 

Duties of Commissioner of Labor Statistics relative to viola¬ 
tions; fines upon convictions. 

Articles not to apply to goods manufactured for the use of the 
State or a municipal corporation. 


§ 50. License for sale of convict-made goods.—No per¬ 
son or corporation shall sell, or expose for sale, any convict-made 
goods, wares or merchandise, either by sample or otherwise, 
without a license therefor. Such license may be obtained upon 
application in writing to the Comptroller, setting forth the resi¬ 
dence or post-office address of the applicant, the class of goods 
desired to be dealt in, the town, village or city, with the street 
number, if any, at which the business of such applicant is to be 
located. Such application shall be accompanied with a bond, 
executed by two or more responsible citizens, or some legally 
incorporated surety company authorized to do business in this 
State, to be approved by the Comptroller, in the sum of five 
thousand dollars, and conditioned that such applicant will com¬ 
ply with all the provisions of law, relative to the sale of convict- 
made goods, wares and merchandise. Such license shall be for 
a term of one year unless sooner revoked. Such person or cor¬ 
poration shall pay, annually, on or before the fifteenth day of 
January, the sum of five hundred dollars as a license fee, into 
the treasury of the State, which amount shall be credited to the 
maintenance account of the State prisons. 

Such license shall be kept conspicuously posted in the place 
of business of such licensee. 


93 


94 


§ 51. Revocation of license.— The Comptroller may revoke 
the license of any such person or corporation, upon satis¬ 
factory evidence of, or upon conviction for the violation of any 
statute regulating the sale of convict-made goods, wares or 
merchandise; such revocation shall not be made until after due 
notice to the licensee so complained of. For the purpose of this 
section, the Comptroller or any person duly appointed by him, 
may administer oaths and subpoena witnesses and take and 
hear testimony. 

§ 52. Annual statement of licensee.— Each person or 
corporation so licensed shall, annually, on or before the fifteenth 
day of January, transmit to the Secretary of State a verified 
statement setting forth: 

1. The name of the person or corporation licensed. 

2. The names of the persons, agents, wardens or keepers of 
any prison, jail, penitentiary, reformatory or establishment using 
convict labor, with whom he has done business, and the name 
and address of the person or corporation to whom he has sold 
goods, wares and merchandise, and 

3. In general terms, the amount paid to each of such agents, 
wardens or keepers, for goods, wares or merchandise and the 
character thereof. 

§ 53. Labeling and marking convict-made goods.— All 
goods, wares and merchandisemadeby convict labor in a peniten¬ 
tiary, prison, reformatory or other establishment in which convict 
labor is employed, shall be branded, labeled or marked as herein 
provided. The brand, label or mark, used for such purpose, 
shall contain at the head or top thereof, the words ‘ ‘convict- 
made,’^ followed by the year when, and the name of the peni¬ 
tentiary, prison, reformatory or other establishment in which 
the article branded, labeled or marked was made. 

Such brands, labels and marks shall be printed in plain English 
lettering, of the style and size known as great primer Roman 
condensed capitals. A brand or mark shall be used in all cases 
where the nature of the article will permit and only where such 
branding or marking is impossible shall a label be used. Such 
label shall be in the form of a paper-tag and shall be attached 
by wire to each article, where the nature of the article will per¬ 
mit, and shall be placed securely upon the box, crate or other 
covering in which such goods, wares or merchandise are packed, 
shipped or exposed for sale. 

Such brand, mark or label shall be placed upon the most con¬ 
spicuous part of the finished article and its box, crate or cover¬ 
ing. 

No convict-made goods, wares or merchandise shall be sold or 
exposed for sale without such brand, mark or label. 

§ 54. Duties of Commissioner of Labor Statistics rel¬ 
ative TO violations; fines upon convictions. —The Commis- 


95 


sioner of Labor Statistics shall enforce the provisions of this 
article. If he has reason to believe that any of such provisions 
are being violated, he shall advise the district attorney of the 
county wherein such alleged violation has occurred of such fact, 
giving the information in support of his conclusion. The dis¬ 
trict attorney shall, at once, institute the proper proceedings to 
compel compliance with this article and secure conviction for 
such violations. 

Upon the conviction of a person or corporation for a violation 
of this article, one-half of the fine recovered shall be paid and 
certified by the district attorney to the Commissoner of Labor 
Statistics, who shall use such money in investigating and 
securing information, in regard to violations of this act and in 
paying the expenses of such conviction. 

§ 55. Articles not to apply to goods manufactured 

FOR THE USE OF THE STATE OR A MUNICIPAL CORPORATION. — 
Nothing in this article shall apply to or effect the manufacture 
in State prisons, reformatories and penitentiaries, and furnish¬ 
ing of articles for the use of the offices, departments and insti¬ 
tutions of the State or any political division thereof, as provided 
by chapter four hundred and twenty-nine of the laws of eigh¬ 
teen hundred and ninety-six. 

Note.— This law is inoperative for the reason that the selling of prison- 
made goods in the open market is prohibited by the Constitution and section 
97 of the general prison law. And Ch. 931, L. 1896, which was superseded 
by the foregoing, and afterwards repealed, was declared unconstitu¬ 
tional, so far as it required the branding of prison-made goods of other 
states, by the Court of Appeals in People vs. Hawkins, 157 N. Y., p. 1. 


State Finance Law, Sections from. 

Chapter 413, Laws of 1897. 

Section 35. Indebtedness not to be contracted without appropriations. 

36. Specific appropriation not to be used for other purposes. 

37. Monthly payments to State Treasurer. 

§ 2.—The fiscal year of all offices, asylums, hospitals, chari¬ 
table and reformatory institutions in this State shall begin with 
the first day of October and end with the next following thirti¬ 
eth day of September. 

§ 35. Indebtedness not to be contracted without ap¬ 
propriation.— A State officer, employee, board, department or 
commission shall not contract indebtedness on behalf of the 
State, nor assume to bind the State, in an amount in excess of 
money appropriated or otherwise lawfully available. {Added by 
Ch. 580, L. 1899.) 

§ 36. Specific appropriation not to be used for other 
PURPOSES.— Money appropriated fora specific purpose shall not 
be used for any other purpose; and the Comptroller shall not 
draw a warrant for the payment of any sum appropriated, un¬ 
less it clearly appears from the detailed statement presented to 
him by the person demanding the same as required by this chap¬ 
ter, that the purposes for which such money is demanded are 
those for which it was appropriated. The Comptroller shall not 
audit any claim for salary, labor or wages, unless an appropri¬ 
ation applicable thereto has been already made specifying the 
amount thereof appropriated for such purpose. {Added by Ch. 
580, L. 1899.) 

§ 37. Monthly payments to State Treasurer.— Every 
State officer, employee, board, department or commission receiv¬ 
ing money for or on behalf of the State from fees, penalties, 
costs, fines, sales of property, or otherwise, except the health 
officer of the Port of New York, shall on the fifth day of each 
month, pay to the State Treasurer all such money received dur¬ 
ing the preceding month and on the same day file a detailed 
verified statement of such receipts with the Comptroller, who 
shall keep an account thereof in his office. This section shall 
not apply to the manufacturing fund of the State prisons, 
known as the Capital Fund, nor to the Convict Deposit and 


96 


97 


Miscellaneous Earnings Fund, so called, of the State prisons and 
Eastern New York Reformatory; nor to the proceeds of sales of 
manufactures or other products of the State hospitals for the 
insane. This section shall be deemed to supersede any other 
provision of this chapter or of any other general or special law 
inconsistent therewith. {Added by Ch. 580, L, 1899 and as 
amended by Ch, 715, L. 1899, Ch. 326, L. 1900 and Ch. Jlf57, L. 
1901.) 


7 


Sections from the Penal Code. 


TITLE VI. 

Section 42. Acting in a public office without having qualified. 

48b. Prison officers not to be interested in prison contracts. 

§ 42. Acting in a public office without having quali¬ 
fied.— A person who executes any of the functions of a public 
office without having taken and duly filed the required oath of 
office, or without having executed and duly filed the required 
security, is guilty of a misdemeanor, as prescribed by law. (As 
amended by Ch. 692, L. 1893.) 

§ 48b. Prison officers not to be interested in prison 
CONTRACTS.— A superintendent of State prisons, or agent, 
warden or other officer, keeper or guard, employed at either of 
the prisons, who 

1. Shall be directly or indirectly interested in any contract, 
purchase or sale, for, by, or on account of such prison; or 

2. Accepts a present from a contractor or contractor's agent, 
directly or indirectly, or employs the labor of a convict or 
another person employed in such prison on any work for the pri¬ 
vate benefit of such superintendent, officer, keeper or guard, is 
guilty of a misdemeanor, except that the agent and warden 
shall be entitled to employ prisoners for necessary household 
service. {Added by Ch. 662, L. 1893.) 


TITLE VIII. 


Chapter 111. 


ESCAPES AND AIDING THEREIN. 


Section 84. 

85. 

86 . 

87. 

88 . 

89. 

90. 

91. 

92. 

93. 


Escaping prisoner may be recaptured. 
Prisoner escaping. 

Attempt to escape from State prison. 
Aiding prisoner to escape. 

Aiding prisoner to escape. 

Officer suffering escape. 

Id; forfeits office. 

Concealing escaped prisoner. 
Definition of prison. 

Definition of prisoner. 


Escaping prisoner may be recaptured.— § 84. A pris¬ 
oner, in custody under sentence of imprisonment for any crime, 

98 


99 


who escapes from custody, may be recaptured and imprisoned 
for a term equal to that portion of his original term of impris¬ 
onment which remained unexpired upon the day of his escape. 

Prisoner escaping. — § 85. A prisoner who, being con¬ 
fined in a prison, or being in lawful custody of an officer or 
other person, by force or fraud escapes from such prison or cus¬ 
tody, is guilty of felony if such custody or confinement is upon 
a charge, arrest, commitment, or conviction for a felony; and 
of a misdemeanor if such custody or confinement is upon a 
charge, arrest, commitment or conviction for a misdemeanor. 

Attempt to escape from State prison. — § 86. A pris¬ 
oner confined in a State prison for a term less than for life, who 
attempts by force or fraud, although unsuccessfully, to escape 
from such prison, is guilty of felony. 

Aiding prisoner to escape.— § 87. A person who, with 
intent to effect or facilitate the escape of a prisoner, whether 
the escape is effected or attempted or not, enters a prison, or 
conveys to a prisoner any information, or sends into a prison 
any disguise, instrument, weapon, or other thing, is guilty of 
felony, if the prisoner is held upon a charge, arrest, commit¬ 
ment, or conviction for a felony; and of a misdemeanor, if the 
prisoner is held upon a charge, arrest, commitment, or convic¬ 
tion for a misdemeanor. 

88. Aiding prisoner to escape. — A person who aids or 
assists a prisoner in escaping, or attempting to escape, from the 
lawful custody of a sheriff, or other officer or person, is guilty 
of a misdemeanor, if the prisoner is held under arrest, commit¬ 
ment, or conviction for a misdemeanor, or upon a charge thereof; 
and of a felony if the prisoner is held under an arrest, com¬ 
mitment, or conviction for a felony, or upon a charge thereof. 

§ 89. Officer suffering escape.— A sheriff, or other 
officer or person, who allows a prisoner, lawfully in his custody, 
in any action or proceeding, civil or criminal, or in any prison 
under his charge or control, to escape or go at large, except as 
permitted by law, or connives at or assists such escape, or omits 
an act or duty whereby such escape is occasioned, or contributed 
to, or assisted, is 

1. If he corruptly and willfully allows, connives at, or assists 
the escape, guilty of a felony; 

2. In any other case, is guilty of a misdemeanor. 

§ 90. Id: forfeits office.— An officer who is convicted of 
the offense specified in the first subdivision of the last section, 
forfeits his office, and is forever disqualified, to hold any office, 
or place of trust, honor or profit, under the Constitution or laws 
of this State. 

§ 61. Concealing ESCAPED PRISONER.— A person who know¬ 
ingly or willfully conceals, or harbors for the purpose of con- 


100 


cealment, a person who has escaped or is escaping from custody, 
is guilty of a felony if the prisoner is held upon a charge or con¬ 
viction of felony, and of a misdemeanor if the person is held 
upon a charge or conviction of misdemeanor. 

§ 92. Definition of prison.—T he term, ‘‘prison,'' as used 
in this chapter, means any place designated by law for the keep¬ 
ing of persons held in custody under process of law, or under 
lawful arrest. 

§ 93. Definition of prisoner.—T he term, “prisoner," as 
used in this chapter, means any person held in custody under 
process of law, or under lawful arrest. 


TITLE VIII. 

Chapter VII. 

Section 116. Neglecting or refusing to execute process. 

117. Neglect of public officers. 

154. Omission of duty by public officers. 

160. Communication with prisoners prohibited. 

§ 116. Neglecting or refusing to execute process. — An 
officer who, in violation of a duty imposed upon him by law to 
receive a person into his official custody, or into a prison under 
his charge, willfully neglects or refuses so to do, is guilty of a 
misdemeanor. 

§ 117. Neglect of public officers.— A public officer, or 
person holding a public trust or employment, upon whom any 
duty is enjoined by law, who willfully neglects to perform the 
duty, is guilty of a misdemeanor. This and the preceding sec¬ 
tion do not apply to cases of official acts or omissions the pre¬ 
vention or punishment of which is otherwise specially provided 
by statute. 

§ 154. Omission of duty by public officers.— Where any 
duty is or shall be enjoined by law upon any public officer, or 
upon any person holding a public trust or employment, every 
willfull omission to perform such duty, where no special provi¬ 
sion shall have been made for the punishment of such delin¬ 
quency, is punishable as a misdemeanor. 

§ 160. Communication with prisoners prohibited.—A 
person who, 

1. Not being authorized by law, visits any State prison, 
reformatory, penitentiary, county jail or other place for the de¬ 
tention of peronss convicted of crime, or communicates with any 
prisoner therein without the consent of the agent or warden, 
superintednent, keeper, sheriff or other person having charge 
thereof, or without such consent brings into or conveys out of a 


101 


State prison, reformatory, penitentiary, county jail or other 
place for the detention of persons convicted of crime, any letter, 
information or writing to or from any prisoner; or 

2. ^ Conveys in or takes from such prison, reformatory, pen¬ 
itentiary, county jail or other place for the detention of persons 
convicted of crime, or who personally or through any other per¬ 
son or persons,, gives, sells, furnishes or otherwise delivers to 
any prisoner or prisoners in custody any drug, liquor or any 
article prohibited by law or by the rules of the superintendent, 
keeper, sheriff, board of managers or other person, or official 
having charge or control thereof; is guilty of a misdemeanor. 
(As amended by Ch. 333, L. 1903.) 

TITLE XL 

§ 384b. Unlawful dealing in convict-made goods.—A 
person who 

1. Sells or exposes for sale convict-made goods, wares or 
merchandise, without a license therefor, or having such license 
does not transmit to the Secretary of State the statement 
required by article four of the labor law; or 

2. Sells, offers for sale, or has in his possession for sale any 
such convict-made goods, wares or merchandise without the 
brand, mark or label required by article four of the labor law; 
or 

3. Removes or defaces or in any way alters such brand, 
mark or label, is guilty of a misdemeanor, and upon conviction 
therefor shall be punished by a fine of not more than one thou¬ 
sand nor less than one hundred dollars, or by imprisonment for 
not less than ten days or by both such fine and imprisonment. 

Note. —See the note after the chapter on convict-made goods on p. 95. 


GENERAL PROVISIONS. 
TITLE XVIII. 


Section 687a. Punishment—indeterminate sentence. 

694. Imprisonment on two or more convictions. 

695. Id. 

697. Calculating term. 

698. Imprisonment of female convict. 

703. In county jail or State prison. 

704. In State prison. 

705. Place to be specified in sentence; removal. 

709. Convict protected by law. 

Punishment—INDETERMINATE sentence.— § 687a. A per¬ 
son never before convicted of a crime punishable by imprison¬ 
ment in a State prison, who is convicted in any court in this 


102 


State of a felony, the maximum penalty for which, exclusive of 
fines, is imprisonment for five years or less, and sentenced to a 
State prison, shall be sentenced thereto under an indeterminate 
sentence, the minimum of which shall not be less than one year, 
or in case a minimum is fixed by law, not less than such mini¬ 
mum, and the maximum of which shall not be more than the 
longest period fixed by law for which the crime is punishable of 
which the offender is convicted. The maximum limit of such 
sentence shall be so fixed as to comply with the provisions of 
section six hundred and ninety-seven of the Penal Code. In 
any other case whenever any person, never before convicted of 
a felony, shall be convicted of a felony, other than murder or 
arson, the maximum penalty for which, exclusive of fines, 
exceeds five years' imprisonment in a State prison, the court may 
either pronounce a definate sentence for a fixed term as pro¬ 
vided by law, or may in its discretion impose upon such person 
a sentence of imprisonment therein for an indeterminate term 
the minimum of which shall not be less than one year, or in 
case a minimum is fixed by law, not less than such minimum, 
and the maximum of which shall not be more than the longest 
period fixed by law for which the crime is punishable of which 
the offender is convicted. The maximum limit of such sentence 
shall be so fixed as to comply with the provisions of section six 
hundred and ninety-seven of the Penal Code, (^s amended 
by Ch. 282, L. 1902,) 

§ 694. Imprisonment on two or more convictions.— 
Where a person is convicted of two or more offenses, before 
sentence has been pronounced upon him for either offense, the 
imprisonment, to which he is sentenced upon the second or 
other subsequent conviction, must commence at the termination 
of the first or other prior term or terms of imprisonment, to 
which he is sentenced. 

§ 695. Id.—W here a person, under sentence for a felony, 
afterwards commits any other felony, and is thereof convicted 
and sentenced to another term of imprisonment, the latter term 
shall not begin until the expiration of all the terms of imprison¬ 
ment, to which he is already sentenced. 

§ 697. Calculating TERM.— When a convict is to be sen¬ 
tenced to imprisonment in a State prison or a penitentiary, the 
court before which the conviction was had must limit the term 
of the sentence, having reference to the probability of the con¬ 
vict earning a reduction of his term for good behavior, as pro¬ 
vided by chapter twenty-one of the laws of eighteen hundred 
and eighty-six, and assuming that such reduction will be earned, 
so that the sentence will expire during either of the following 
months: April, May, June, July, August, September and Oct¬ 
ober. 

But the provisions of this section shall not apply in the follow¬ 
ing cases: 


103 


1. Where the sentence is to be for the term of one year or 
less. 

2. Where the term of imprisonment for the crime for which 
the convict was convicted absolutely fixes a single definite 
period of time. 

3. Where a judgment of conviction has been affirmed upon 
an appeal, and it becomes necessary for the court to impose the 
same sentence as that originally imposed. The officers of every 
prison or penitentiary are hereby expressly prohibited from tak¬ 
ing into their custody any convict sentenced in violation of the 
provisions of this section, and any convicts so illegally sentenced 
shall be returned by the sheriff of the county where the con¬ 
viction was had to the court to be resentenced in conformity 
to the provisions of this section. Provided that if it shall appear 
to the officers of any prison or penitentiary at the time it is 
sought to incarcerate a convict therein that the court which has 
imposed the sentence has adjourned, then it shall be lawful for 
said officers to receive said convict and hold him in their custody 
until he can be re-sentenced as herein provided, and the second 
or resentence shall be deemed to have begun on the date of the 
convict^s reception under his first sentence. The officers of any 
prison or penitentiary shall, in the case of a convict so illegally 
sentenced to imprisonment therein, immediately notify the 
court of their action. 

§ 698. Imprisonment of female convict.— Any woman 
over the age of sixteen years, who shall be convicted of a felony 
in any of the courts of this State, shall, when the sentence 
imposed is one year or more, be sentenced to imprisonment in the 
State Prison for Women at Auburn. When the sentence im¬ 
posed is less than one year, she may be committed to the county 
jail of the county where convicted, or to a penitentiary, or to 
the State Prison for Women at Auburn. A woman between the 
ages of fifteen and thirty, convicted of a felony, who has not 
theretofore been convicted of a crime punishable by imprison¬ 
ment in a State prison, may in the discretion of the trial court 
be sentenced to a house of refuge or reformatory for women, to 
be there confined under the provisions of law relating to such 
house of refuge or reform.atory. (As amended by Ch. llJf, 
L. 1900.) 

§ 703. In county jail or State prison.— Where a per¬ 
son is convicted of a crime, for which the punishment inflicted 
is imprisonment for a term of one year, he may be sentenced 
to, and the imprisonment may be inflicted by, confinement 
either in a county jail, or in a penitentiary or State prison. No 
person shall be sentenced to imprisonment in a State prison for 
less than one year. 

§ 704. In State prison. — Where a person is convicted of a 
crime, for which the punishment inflicted is imprisonment for 


104 


a term exceeding one year, or is sentenced to imprisonment for 
such a term, the imprisonment must be inflicted bv conflnement 
at hard labor in a State prison. But this and the two last sec¬ 
tions shall not apply to a case where special provision is made 
by statute as to the punishment for any particular offense or 
class of offenses or offenders, nor to the cases specified in sec¬ 
tions 698, 699, 700 and 701. 

§ 705. Place TO be specified in sentence; removal.— 
The place of the imprisonment must be specified in the judg¬ 
ment and sentence of the court. But convicts may be removed 
from one place of confinement to another, in a case, and by the 
authority designated by statute. 

§ 709. Convict protected by law.— A convict sentenced 
to imprisonment is under the protection of the law, and any 
injury to his person, not authorized by law, is punishable in the 
same manner as if he were not sentenced or convicted. 


Sections from the Code of Criminal 
Procedure. 


TITLE X. 

Chapter 1 . 


Section 491. 

492. 

493. 

494. 

495. 
496 

497. 

498. 

499. 

500. 

501. 

502. 

503. 

504. 

505. 

506. 

507. 

508. 

509. 


The Death Penalty. 

Death warrant, confinement of prisoner thereunder. 

Time of execution. 

Judge to send record of conviction to Governor. 

Governor may consult judges. 

Governor only can reprieve— exceptions. 

Procedure when convict becomes insane. 

Duties of district attorney. 

Inquisition; execution when suspended. 

Sheriff to transmit inquisition to Governor; Governor to act 
thereon. 

When female convict is pregnant; proceedings to be taken. 
Inquisition; duty of sheriff. 

Sheriff to transmit inquisition to Governor; Governor’s duty. 
When day of execution passes other than by reason of insan¬ 
ity or pregnancy. 

Court to inquire, etc. 

Death penalty; mode of infliction. 

Death penalty; where inflicted. 

Persons present, etc. 

Certificate of execution. 

Disability of warden to execute death warrant. 


Death warrant; confinement of prisoner thereunder. — 
§ 491. When a defendant is sentenced to the punishment of 
death, the judge or judges holding the court at which the con¬ 
viction takes place, ora majority of them, of whom the judge 
presiding must be one, must make out, sign and deliver to the 
sheriff of the county, a warrant stating the conviction and sen¬ 
tence, and appointing the week within which sentence must be 
executed. Said warrant must be directed to the agent and 
warden of the State prison of this State designated by law as 
the place of confinement for convicts sentenced to imprisonment 
in a State prison in the judicial district wherein such conviction 
has taken place, commanding such agent and warden to do 
execution of the sentence upon some day within the week thus 


105 


106 


appointed. Within ten days after the issuing of such warrant 
the said sheriff must deliver the defendant, together with the 
warrant, to the agent and warden of the State prison therein 
named. From the time of said delivery to the said agent and 
warden, until the infliction of the punishment of death upon 
him, unless he shall be lawfully discharged from such imprison¬ 
ment, the defendant shall be kept in solitary confinement at 
said State prison, and no person shall be allowed access to him 
without an order of the court, except the officers of the prison, 
his counsel, his physician, a priest or minister of religion, if he 
shall desire one, and the members of his family. (As amended 
byCh, A89, L. 1888.) 

Note— See sections 10-11-12 of Ch. 489, L. 1888 on p. 110. Kemmler vs. 
Durston, 119 N. Y., p. 575. 

Time of execution. — § 492. The week so appointed must 
begin not less than four weeks and not more than eight weeks 
after the sentence. The time of the execution within said week 
shall be left to the discretion of the agent and warden to whom 
the warrant is directed; but no previous announcement of the 
day or hour of the execution shall be made, except to the per¬ 
sons who shall be invited or permitted to be present at said 
execution as hereinafter provided. (As amended by Ch. Jf89y L. 
1888.) 

Note— See sections 10-11-12 of Ch. 489, L. 1888 on p. 110. 

Judge must transmit certain papers to Governor. — 
§ 493. The judge, presiding at the term at which the convic¬ 
tion took place, must immediately thereupon transmit to the 
Governor a statement of the conviction and sentence, with the 
notes of testimony taken upon the trial by him, or the notes, 
written out, taken by a stenographer or assistant stenographer, 
attending the court or term pursuant to law. 

Governor may consult judges, etc.— § 494. The Gov¬ 
ernor is authorized to require the opinion of the judges of the 
Court of Appeals, justices of the Supreme Court, and the Attor¬ 
ney-General, or of any of them, upon a statement so furnished. 

Governor only to reprieve, except, etc.— § 495. No 
judge, court, or officer, other than the Governor, can reprieve 
or suspend the execution of a defendant sentenced to the 
punishment of death, except where a sheriff is authorized so to 
do, in a case and in the manner prescribed in the following 
sections of this chapter. This section does not apply to a stay 
of proceedings upon an appeal or writ of error. 

Procedure when convict becomes insane.— § 496. If, 
after a defendant has been sentenced to the punishment of 
death, there is reasonable ground to believe that he has become 
insane, the sheriff of the county in which the conviction took 
place, with the concurrence of a justice of the Supreme Court, 
or the county judge of the county, who may make an order to 


107 


that effect, must impanel a jury of twelve persons of that coun¬ 
ty, qualified to serve as jurors in a court of record, to examine 
the question of the sanity of the defendant. The sheriff must 
give at least seven days notice of the time and place of the 
rneeting of the jury to the district attorney of the county. Sec¬ 
tion 108 of the Code of Civil Procedure regulates the impaneling 
of such a jury, and the proceedings upon the inquisition so far 
as it is applicable. 

Duties of district attorney.— § 497. The district attor¬ 
ney must attend the inquiry. He may produce witnesses 
before the jury; for which purpose he has the same power to 
issue subpoenas, as for witnesses to attend a grand jury, and 
disobedience thereto may be punished by the Supreme Court, 
at any term thereof, in the same manner as disobedience to 
process issued by that court, (^s amended by Ch. 880, L. 
1895.) 

Inquisition; execution, when suspended.— § 498. The 
inquisition of the jury must be signed by the jurors and the 
sheriff. If it be found by the inquisition that the defendant is 
insane, the sheriff must suspend execution of the warrant 
directing the defendant’s death, until he receives a warrant from 
the Governor, directing that the defendant be executed. 

Sheriff to transmit inquisition to Governor—Governor 
TO ACT thereon. — § 499. The sheriff must immediately trans¬ 
mit the inquisition to the Governor; who, as soon as he is satis¬ 
fied of the sanity of the defendant, or of his restoration to san¬ 
ity, must issue his warrant, appointing a time and place for the 
execution of the latter, pursuant to his sentence, unless the 
sentence is commuted or the convict pardoned, and may in the 
meantime give directions for the disposition and custody of the 
defendant. 

When female convict is pregnant; proceedings to be 
TAKEN. — § 500. If there is reasonable ground to believe that 
a female defendant, sentenced to the punishment of death, is 
pregnant, the sheriff of the county where the conviction took 
place must impanel a jury of six physicians to inquire into her 
pregnancy. Sections 497 and 498 of this code apply to the pro¬ 
ceedings upon the inquisition, except that the sheriff may, in 
his discretion, require one or more of the physicians composing 
the jury to attend from the adjoining county. A physician, 
acting as a juror upon such an inquisition, need not be qualified 
to serve as a juror in a court of record. 

Inquisition; duty of sheriff.— § 501. The inquisition of 
the jury must be signed by the jurors and the sheriff. If it is 
Wnd by the inquisition that the defendant is quick with child, 
the sheriff must suspend the execution of the warrant directing 
her execution, until he receives a warrant from the Governor, 
directing that the convict be executed. 


108 

Sheriff to transmit inquisition to Governor; Govern¬ 
or’s DUTY.— § 502. The sheriff must immediately transmit 
the inquisition to the Governor, who, as soon as he is satisfied 
that the defendant is no longer quick with child, may issue his 
warrant, appointing a time and place for her execution, pursu¬ 
ant to her sentence, or may commute her punishment to impris¬ 
onment for life. 

When day of execution passes other than by reason of 
insanity or pregnancy. — § 503. Whenever, for any reason 
other than insanity or pregnancy, a defendant sentenced to 
the punishment of death has not been executed pursuant to the 
sentence, at the time specified thereby, and the sentence or 
judgment indicting the punishment stands in full force, the 
Court of Appeals or a judge thereof or the Supreme Court or a 
justice thereof, upon application by the Attorney-General or of 
the district attorney of the county where the conviction was 
had, must make an order directed to the agent and warden or 
other officer in whose custody said defendant may be, command¬ 
ing him to bring the convict before the Court of Appeals or a 
term of the Appellate Division of the Supreme Court in the de¬ 
partment, or a term of the Supreme Court in the county where 
the conviction was had. If the defendant be at large, a war¬ 
rant may be issued by the Court of Appeals or a judge thereof, 
or by the Supreme Court or a justice thereof, directing any 
sheriff or other officer to bring the defendant before the Court 
of Appeals or a term of the Appellate Division of the Supreme 
Court thereof, or before a term of the Supreme Court in that 
county. (Af? amended by Ch. 880, L. 1895.) 

Court to inquire, etc. — § 504. Upon the defendant being 
brought before the court, it must inquire into the circumstances, 
and if no legal reason exists against the execution of the sen¬ 
tence, it must issue its warrant to the agent and warden of the 
State prison mentioned in the original warrant and sentence, 
under the hands of the judge or judges, or a majority of them, 
of whom the judge presiding must be one, commanding the said 
agent and warden to do execution of the sentence during the 
week appointed therein. The warrant must be obeyed by the 
agent and warden accordingly. The time of the execution 
within said week shall be left to the discretion of the agent and 
warden, to whom the warrant is directed; but no previous 
anouncement of the day or hour of the execution shall be made, 
except to the persons who shall be invited or permitted to be 
present at said execution as hereinafter provided. (As amended 
by Ch. U89, L. 1888.) 

Note. —See sections 10-11-12, of Ch. 489, L. 1888 on p. 110. 

Death penalty—mode of infliction.— § 505. The pun¬ 
ishment of death must, in every case, be inflicted by causing to 
pass through the body of the convict a current of electricity of 
sufficient intensity to cause death, and the application of such 


109 


current must be continued until such convict is dead. (As 
amended by Ch. J^89, L. 1888.) 

Note. - See sections 10-11-12, of Ch. 489, L. 1888 on p. 110. 

Death penalty, where inflicted.— § 506. The punish¬ 
ment of death must be inflicted within the walls of the State 
prison designated in the warrant, or within the yard or enclos¬ 
ure adjoining thereto. (As amended by Ch. U89, L. 1888.) 

Note.— See sections 10-11-12, of Ch. 489, L. 1888 on p. 110. 

Persons present. — § 507. It is the duty of the agent and 
warden to be present at the execution, and to invite the 
presence, by at least three days previous notice, of a justice of 
the Supreme Court, the district attorney, and the sheriff of the 
county where the conviction was had, together with two physi¬ 
cians and twelve reputable citizens of full age, to be selected 
by said agent and warden. Such agent and warden must, at 
the request of the criminal, permit such ministers of the Gos¬ 
pel, priests or clergymen of any religious denomination, not ex¬ 
ceeding two, to be present at the execution; and in addition to the 
persons designated above, he shall also appoint seven assistants 
or deputy sheriffs who shall attend the execution. He shall 
permit no other person to be present at such execution except 
those designated in this section. Immediately after the execu¬ 
tion a post-mortem examination of the body of the convict shall 
be made by the physicians present at the execution, and their 
report in writing stating the nature of the examination, so made 
by them, shall be annexed to the certiflcate hereinafter men¬ 
tioned and filed therewith. After such post-mortem examina¬ 
tion, the body, unless claimed by some relative or relatives of 
the person so executed, shall be interred in the grave-yard or 
cemetery attached to the prison, with a sufficient quantity of 
quick-lime to consume such body without delay; and no religi¬ 
ous or other services shall be held over the remains after such 
execution, except within the walls of the prison where said 
execution took place, and only in the presence of the officers of 
said prison, the person conducting said services, and the 
immediate family and relatives of said deceased prisoner. Any 
person who shall violate or omit to comply with any provision 
of this section shall be guilty of a misdemeanor. (As amended 
by Ch. 16, L. 1892.) 

§ 508. Certificate of execution.— The agent and war¬ 
den attending the execution must prepare and sign a certiflcate, 
setting forth the time and place thereof, and that the convict 
was then and there executed, in conformity to the sentence of 
the court and the provisions of this code, and must procure such 
certiflcate to be signed by all the persons present and witness¬ 
ing the execution. He must cause the certiflcate, together with 
the certificate of the post-mortem examination mentioned in the 
preceding section, and annexed thereto, to be filed within ten 
days after the execution, in the office of the clerk of the county 


110 


in which the conviction was had. (As amended by Ch. U89, 
L. 1888.) 

Note- See sections 10-11-12 of Ch. 489, L. 1888, on p. 110. 

§ 509. Disability of warden to execute death warrant. 
In case of the disability, from illness or other sufficient cause, 
of the agent and warden to whom the death warrant is directed, 
to be present and execute said warrant, it shall be the duty of 
the principal keeper of said prison, or such officer of said prison 
as may be designated by the Superintendent of State Prisons, 
to execute the said warrant, and to perform all other duties by 
this act imposed upon said agent and warden. (As amended 
by Ch. m, L. 1888.) 

Note — Ch. 489, L. 1888, which amended several sections of the fore¬ 
going, contained also the following three sections. 

§ 10. Nothing contained in any provision of this act applies to a crime 
committed at any time before the day when this act takes effect. Such 
crime must be punished according to the provisions of law existing 
when it is committed, in the same manner as if this act had not been 
passed; and the provisions of law for the infliction of the penalty of death 
upon convicted criminals, in existence on the day prior to the passage of 
t^ act, are continued in existence and applicable to all crimes punishable 
by death, which have been or may be committed before the time when this 
act takes effect. A crime punishable by death committed after the begin¬ 
ning of the day when this act takes effect, must be punished according to 
the provisions of this act, and not otherwise. 

^11. All acts and parts of acts inconsistent with the provisions of this 
act are hereby repealed. 

§ 12. This act shall take effect on the first day of January, one thousand 
eight hundred and eighty-nine, and shall apply to all convictions for crimes 
punishable by death, committed on or after that date. 

TITLE XIL 

Article Vlll, Chapter XIII. 

Section 692. Power of Governor to grant reprieves, commutations and 
pardons. 

694. Governor to communicate annually to Legislature, etc. 

695. Report of case, how and from whom required. 

§ G92. Power of Governor to grant reprieves, commu¬ 
tations AND pardons. — The Governor has power to grant 
reprieves, commutations and pardons, after conviction, for all 
offenses, except treason and cases of impeachment, upon such 
conditions, and with such restrictions and limitations, as he may 
think proper, subject to the regulations provided in this chapter. 

§ 694. Governor to communicate annualy to Legisla¬ 
ture, ETC.— He must annually communicate to the Legislature, 
each case of reprieve, commutation or pardon; stating the name 
of the convict, the crime of which he was convicted, the sen¬ 
tence and its date, and the date of the commutation, pardon or 
reprieve. 


Ill 


§ 695. Report of case, how and from whom required. — 
When application is made to the Governor for a pardon, commu¬ 
tation or reprieve, it shall be the duty of the presiding judge of 
the court before which the conviction was had, and the district 
attorney by whom the criminal action was prosecuted, or the 
district attorney of the county where the conviction was had, 
holding office at the time of such application, to supply the Gov¬ 
ernor, upon his request therefor, and without delay, with a 
statement of the facts proved on the trial; or, if a trial was not 
had, the facts appearing before the grand jury which found the 
indictment, and of any other facts having reference to the pro¬ 
priety of granting or refusing such pardon, commutation or 
reprieve. 




INDEX. I 


INDEX. 


Accounts 

Account books to be kept by agent and warden. 14 

contents of. 14 

Books of account to be kept by the clerk. 30 

Monthly statement of account by warden. 15 

System of accounts to be prescribed for each prison. ' 12 

Separate account of money and articles received from convict.. 20 

Store-keeper’s account of goods sold. 23 

Warden may sue for accounts owing prison. 17 

Affidavits, of 

Agent and warden to his weekly financial statement. 14 

to his monthly financial statement. 15 

to his monthly report of convicts. 16 

to his annual report... 16 

to his monthly statement concerning materials and labor. .. 39 

Clerk to monthly financial statement. 16 

to his annual report to Secretary of State. 20 

Chaplain to his annnal report. 22 

Kitchen keeper to monthly report . 23 

Principal keeper to monthly report. 22 

Persons appointed to make estimate of prison goods. 17 

Persons selling goods to prison or rendering services. 18 

Store-keeper to his monthly report. 23 

Superintendent to his account for office expenses. 10 

Ajgent and Warden 

Account books to be kept by—contents. 14 

Affidavit to monthly financial statement..'. 15 

Annual report to Superintendent. 16 

Appointment of. 5,9 

Appointment of certain prison officers by. 5,9 

Bond..;... 11,12 

prosecution of. 19 

Certificate of delivery of convict, given by. 26 

Certificate of imprisonment evidence upon trial for second offense 71 

Clothing and money—to furnish convict upon discharge . ‘ 19 

Contract for supplies, how to advertise for and make.... . 18 

Contract—not to be interested in. 98 

Defendant not to recover judgment against warden. 17 

Deposit of prison money by. 15 


8 




































II 


INDEX. 


Agent and Warden (continued) 

convicts’ deposits and miscellaneous earnings. 15 

Capital Fund. 40 

Directions of physician as to sick convicts, to be followed by... 21 

Duties of generally... 13 

Duties relating to the execution of the death penalty . 105,110 

Estimates, monthly of moneys required for maintenance of prison 15 

for materials, machinery, etc., for Capital Fund. 39 

for expenses for United States prisoners and to repay con¬ 
victs’moneys. 14,15 

Expenses—traveling. 10 

Financial statements or reports. 16 

annual financial report. 16 

Capital Fund—monthly of materials, machinery, etc., on 

hand and moneys received. 39,40 

convicts’ deposit and miscellaneous earnings—weekly . 14 

maintenance fund, receipts and expenditures. 15,16 

weekly report of Capital Fund deposits. 40 

Fiscal transactions conducted by and in name of warden. 17 

House, rations, servants, etc., to be provided for. 10 

Indictment of. 19 

Jurisdiction over paroled prisoners. 28 

Materials and machinery purchased by. 39,40 

May sue in his official name. 17 

Money of convicts, to take charge of. 18,19 

Neglect of duty, punishment for.. 19 

Note not to be given by. 23 

Oath of office. 11 

Oaths administered by. 24 

Presents from prison contractors. 98 

Prohibited from receiving prisoner illegally sentenced. 103 

exceptions. 103 

Purchases by. 15 

Removal of. 9 

of prison officers by. 9 

of prisoners in case of fire. 31 

Reports. 16 

as to convicts. 16 

concerning commutations, monthly to Governor. 76 

may be required of. 12 

to Governor concerning insane prisoners. 31 

to State Commission of Prisons—contents . 84 

Reward, offered by for escaped prisoner. 31 

Rules for subordinate officers. 13 

Salary of. 10,11 

Supervision over subordinate officers. 13 

Supplies for prison purchased by. 17 

Statement of store-keeper, forward to Comptroller by. 23 

Transfer of prisoners by. 26 

of insane prisoners to Dannqmora Hospital. 63 















































INDEX. 


Ill 


Atrent and Warden (continued) 

Verification of weekly statement of deposits. 14 

Appropriations 

Must be used for purpose appropriated. 96 

Auburn Prison 

Agent and warden of to have management of prison for women 48 

Agent and warden of to appoint officers of prison for women. 49 

Prison for women. 48 

State Prison for Women, Department of. 50,51 

What convicts are sentenced to. 25 

Attorney-General 

To bring action testing validity of contract, etc. 42 

Bank 

Bonds given by. 14,40 

Designated by Comptroller for deposit of prison moneys .14,40,55 

State of deposit to be certified by bank. 14,40 

Bertillon System for Identification of Criminals 

Expenses of system. 89 

Measurements of prisoners in State prisons. 88 

by who made. 88 

of prisoners in N. Y. S. Reformatory at Elmira. 88 

prisoners in penitentiaries. 88 

Record of measurements. ' . 88 

at the prisons and penitentiaries. 88 

at the office of State Superintendent in Albany. 88 

Records to be classified, filed and indexed. 88 

Records—cards received from other sources . 88,89 

Bible 

Chaplain to furnish each convict with copy . 22 

Bills 

Agent and warden to take bills for all articles purchased and 

services rendered. 18 

Clerk to enter, verify, etc. 20 

Vendor to make affidavit to his bill. 18 

Board of Classification 

Buildings and institutions classified by. 37 

Constituted, how. ^6 

Duties of. 36,37 

Exceptions. 37 

Prices of all articles fixed by. 36,37 

To regulate the designs of all articles manufactured . 36 

Board of Commissioners for Paroled Prisoners 

Application of convict to, for parole. 27 

Convict—when and how paroled by. 27,28 

when declared delinquent by. 29 

Discharge of paroled prisoner by. 29 

How constituted... 27 

Meetings of—quorum... 27 





































IV 


INDEX. 


Hoard of Commissioners for Paroled Prisoners (cont’d) 

Notice of warrant for retaking paroled prisoner. 29 

Prisoner to have opportunity to appear before board after 

retaking. 29 

Parole officer—duties and authority of directed by board. 27 

Prisoner on parole—when arrested by board or any member- 28 

Hoards of Supervisors 

To fix prices of articles furnished counties. 37 

Hond, of 

Agent and warden. 11,12 

prosecution, of. 19 

Bank of deposit for prison moneys.’. 14,40 

Person performing duties of agent and warden. 11,12 

Prison officers. 12 

Superintendent of State Prisons. 5,11 

Butter and Cheese 

Imitations of not to be purchased for prisons. 70 

Capital Fund 

Annual report of warden to Superintendent.. 16 

Deposit in bank designated by Comptroller. 40 

Earnings of prisons—how reckoned. 37 

How drawn out of bank. 41 

Monthly statement of materials on hand and moneys received.. 39,40 

Monthly statement and estimate of materials, machinery, 

moneys, etc., necessary. 39 

Weekly statement of moneys deposited. 40 

certificate of officer of bank of such deposit.. . 40 

Cells 

Chaplain to visit weekly. 22 

Number of prisoners in. 30 

Physician to examine and report weekly, condition of. 21 

Certificate 

Of former conviction—when evidence upon trial for second 

offense. 71 

Chaplain 

Appointment of. 5,9 

Annual report of—contents, etc. 22 

Bible furnished each convict by. 22 

Instruction of convicts by. 30 

Library, to have charge of . 22 

Office to be kept in prison. 10 

Religious services performance by. 22 

Removal of. 9 

Report quarterly concerning instruction of convicts—contents.. 22 

Salary of—when payable. 10,11 

Visit daily the sick in hospital. 22 

Visit each cell weekly. 22 





































INDEX. 


V 


Classification and Grading of Prisoners. * 

Into three grades. 32 

How classified. 32,33 

Promoting and reducing from one grade to another. 33 

Rules and regulations for promotion and reduction. 33 

Transferring from one prison to another. 33 

Clerk of Prison 

Appointment of by Comptroller. 6,9 

Assistant Clerk. 9,20 

Affidavits taken by. 24 

Affidavit of, to warden’s monthly financial statement. 15,16 

Affidavit of, to warden’s annual report. 16 

Annual report of clerk—of number of convicts, etc. 20 

Bond. 12 

Bills, to examine, enter, etc... 20 

Books of account of financial transactions kept by. 20 

Duties of generally. 19 

Office furnished and kept in prison . 10 

Residence of. 19 

Reports made to Legislature from different prisons, to bs kept by 20 

Salaries of clerk and assistant clerk. 10,11 

Clerk of Superintendent 

Authority to act in absence of Superintendent. * 12 

Oath administered by. 24 

Clinton Prison 

Assistant foreman of construction at. 20,21 

Lands retained for use of. 24 

Southerly bounds of the lands of. 67 

Water-works of—appropriations for. 24 

What convicts are sentenced to. 25 

Clothing 

Examination of prisoners’ clothing . 13 

Furnished convicts upon discharge. 19 

Kind of clothing furnished. 30 

Code of Criminal Procedure—Death Penalty 

Certificate of execution. 109 

Death warrant. 105 

confinement of prisoner thereunder. 105 

Disability of warden to execute death penalty. 110 

Duties of district attorney. 107 

Execution, when suspended . 107 

Governor may consult judges. 106 

Governor only can reprieve. 106 

Inquisition. 107 

Inquisition transmitted to Governor. 108 

Judge must transmit certain papers to Governor. 106 

Mode of inflicting death penalty. 108,109 

Persons present. 109 

Place where death penalty must be inflicted. 109 
















































VI 


INDEX. 


Code of Criminal Procedure-Death Penalty (continued) 

Pregnant female convict—proceedings. 107 

Procedure when convict becomes insane . 106,107 

Proceedings when day of execution passes. 108 

Sheriff to transmit inquisition to Governor. 107 

Suspension of execution by sheriff. 107 

Time of execution. 106 

Commissioners of Charities and Corrections 

To fix prices of articles furnished counties of New York and Kings 37 

Commutation of Sentence 

Board for applying the rules for allowance of commutation.... 77 

constituted, how. 77 

meetings monthly—quorum. 77,80 

meeting of board immediately after escai)e or attempt to 

escape.,. 78 

oaths administered to witnesses by . 78 

power to recommend the granting of commutation. 77 

power to recommend the withholding of commutation. 77 

reasons for withholding to be forwarded to Governor. 77 

report of investigation by. 78 

report of to Governor monthly—contents of—how signed... 77,78 

Gonvicts who may earn commutation .*. 75 

what commutation they may earn. 75,76 

must be furnished with copy of rules. 77 

must be informed of commutation law. 79 

Condition annexed to commutation. 79 

Certificate of warden as to commutation received in evidence.. 79 

Commutation laws apply to other penal institutions. 79,80 

Discharge of convicts—proceedings upon. 79 

Escape or attempt to escape. 77 

forfeiture of commutation by. ,. 77 

investigation of board concerning. 78 

report of investigation concerning. 78 

re-examination may be ordered by Superintendent. 78 

Governor’s power to commute sentence. 79,110 

may increase or decrease the amount of commutation rec¬ 
ommended . 77 

warrant issued by, for commutation. 79 

power to commute sentence not impaired by parole laws... 29,30 

How reckoned when convict is held under more than one sentence 76 

Insane convicts—provisions of law apply to. 79,80 

Prisoners transferred from State prison to N. Y. S. Reformatory 92 

Repealing laws inconsistent with. 80 

Report of warden to Governor—form of. 76 

contents of such report. 76 

concerning convicts who may be discharged the following 

month by reason of commutation . 76 

Rules governing allowance for commutation. 76 

formulated by State Superintendent. . . 80,81 







































INDEX. VII 

Commutation of Sentence (continued) 

State Superintendent. 

action upon report concerning escape, etc . 78 

record of same. 78 

re-examinaton may be ordered by. 78 

Term of imprisonment—when it begins. 76 

Terms expiring on holidays... 76 

Complaints 

Of prisoners. 13,14 

Comptroller 

Appointment of prison clerks by. 6,9 

Assistant clerk appointed by. 9 

Approval of Superintendent’s bond by. 11 

Approval of bond of agent and warden. 11 

Approval of deposit of moneys belonging to Matteawan State 

Hospital. 55 

Annual report to Legislature of financial condition of prisons... 41 

Audit of expenses of convict’s trial. 72 

Audit of bills by. 96 

Banks designated by for warden’s deposits. 14,40 

Bond of bank approved by. 14,40 

Check or draft countersigned by. 14,41 

Expenses of agent and warden audited and allowed by. 10 

Furnish stationery to State Commission of Prisons./. 83 

Financial statement of warden made to. . 15 

May require new bond of agent and warden. 12 

May object to vouchers. 15 

May have excess in Capital Fund added to Prison Fund. 41 

Notify bank and State Treasurer of excess in Capital Fund.... 41 

Prescribed form for monthly estimate by medical superinten¬ 
dent of Matteawan State Hospital. 56 

Prescribe rules and regulations for clerks of prisons. 12 

Salary of assistant clerk, fixed by. 10 

To notify Superintendent of neglect of warden to make report 19 

Contagious Disease 

Among prisoners . 31,32 

Contract 

Contrary to provisions of prison law. 41 

Copy of any contract to be furnished Attorney-General. 42 

Contested by Attorney-General when made contrary to law. . . 42 

Materials for industries, for purchase of. 39,40 

Not to be made for the labor of prisoners. 5,33 

Prison supplies, for. 18 

Prison officer not to be interested in. 98 

United States prisoners, for the care of. . 41 

Convict 

(See Prisoners) 





































VIII 


INDEX. 


Convict-made Goods 

Act in relation to.. 93,94,95 

Unlawful dealing in. 101 

Convict Deposit and Miscellaneous Earniiijirs Fund 

Affidavit of agent and warden to weekly statement.. 14 

Certificate of bank officials to warden’s weekly statement. 14 

Clerk to keep separate book for . 20 

Convicts’ moneys deposited to their credit. 15 

interest on. 19 

Deposit of by warden. 14 

How drawn out—for what purposes.14,19,38 

Monthly estimate of moneys required to repay. 15 

l>aina$>:cd Goods 

Superintendent may direct sale of. 67 

Danncinora Hospital for Insane Convicts 

Attendants and other employees. 62 

appointment and discharge of . 62 

salaries of, how fixed and paid.. 62 

By-laws and regulations for. 61 

Communications with prisoners.. 65 

Commutation of sentence of insane convicts. 79,80 

Certificate of original conviction to follow convict. 63,65 

Certificate of insanity (copy) to be delivered to superintendent 

with convict. 63 

Discharge of insane convicts in. 12,64 

after expiration of term, if safe to be at large. 64 

after expiration of sentence, if recovered. 64 

delivery of, to relatives or friends. 64 

money, allowances granted to recovered convict upon dis¬ 
charge . 64 

money and clothing given to recovered convict upon dis¬ 
charge . 64 

Establishment of. 60 

First assistant physician—performance of duties. 62 

Lands for use of—State Superintendent to designate. 24 

Letters to and from patients . 65 

Letters to county judge and district attorney. 65 

Medical superintendent 

appointment and qualifications of . 60 

accounts, records and books kept by. 61,62 

abstract of receipts and payments sent yearly to State 

Superintendent. 61 

annual report of to State Superintendent. 62 

attendants and employees appointed by. 62 

assistant physicians appointed by. 62 

bond of. 61 

chief executive officer—shall be. 61 

discipline, to be maintained by. 62 

discharge of prisoner by—when. 64 










































INDEX. 


IX 


Danneniora Hospital for Insane Convicts (continued) 

estimate of moneys necessary—sent monthly to State Super¬ 
intendent. 62 

moneys received by—deposited in bank—how drawn. 61 

moneys paid to, by State Treasurer for support of Hospital 62,63 

removal of. . 63 

treasurer—shall also be treasurer of Hospital. 61 

vacancy in office—how filled... 60 

Names of prisoners transferred to, forwarded to State Superin¬ 
tendent. 63 

Retention of insane convicts after expiration of sentence. 64 

procedure for—order of retention... 64 

costs upon such procedure to determine, etc. 64 

Resident officers..-.. . 62 

appointment of. 62 

oath of office. 62 

salaries, how fixed and paid. 61 

shall reside in Hospital. 62 

Steward—purchase of supplies by. 62 

Transfer of insane convicts to. 63 

from Matteawan State Hospital—what convicts. 63 

from any prison upon becoming insane. 63 

from reformatories and penitentiaries. 63 

clothing furnished insane prisoner before transfer. 63 

notice of transfer of convict must be sent to State Superin¬ 
tendent . 63 

Transfer to some other institution. 64 

convict, not recovered, whose term has expired. 64 

convict, recovered, whose sentence has not expired. 65 

where and by whom sent. 65 

Visitors to Hospital. 65 

What insane are to be confined therein . '60 

Deatli Penalty 

All proceedings thereunder.105—110 

Electrical apparatus for execution of. 66 

(See also Code of Crim. Pro.) 

Fastern New York Reformatory 

Board of Parole for—also abolished. 27,52 

Commutation of prisoners in. 52 

Contracts for the erection of—appropriations for. 51,52 

Establishment of. 51 

Laws governing State prisons applicable to. 53 

Parole of prisoners in. 52 

State Superintendent to have control and supervision of. 51 

Sentences of prisoners transferred to must be served out. 52 

Transfer of officers to, from other State prisons. 53 

Transfer of prisoners to, when completed. 52 

from New York State Reformatory . 52,91 

from Elmira Reformatory. 52,91 













































X 


INDEX. 


Eastern IVew York Reformatory (continued) 

from any of the State prisons, by order of State Superin¬ 
tendent . 52 

Transfer of prisoners from 

to either of the State prisons by order of State Superinten¬ 
dent. . 52,53 

Escape 

Forfeiture of commutation for. 77 

To prevent . 30 

(See also Prisoners—escape q/) 

Estimate 

Agent and warden to make monthly—contents of. 15 

Annual estimate of institutions furnished State Commission of 

Prisons. 84,85 

For the expenses of prisoners. 15 

Monthly estimate of materials, etc. 39 

Superintendent to make estimate of the value of prison property 

annually, etc. 17 

Examination 

Convicts to be examined by court before sentence. 25 

Prisoners examined by physician. 30,31 

Expenses of 

Agent and warden. 10 

Convict's trials. 71,72 

Executing warrant for paroled prisoner. 29 

Officer for arrest and return of paroled prisoner. 38 

Parole officer. 27 

Recapturing escaped United States prisoners. 47 

Superintendent, of. 9,10 

State Commission of Prisons, of. 85 

'Transferring convicts from one prison to another. 26 

Fees 

Of officer other than prison or parole officer for arrest of paroled 

prisoner. 29 

Fees of Sheriffs 

Account of fees and expenses to be itemized.... . 68 

Affidavit in relation to. 24,68 

Allowance of fees by statute. 67 

for conveying prisoners to State prison. 67 

for executing warrant for paroled prisoner.. 29 

How paid. 26,68,69 

Number of prisoners to be transported at one time—fees, etc .. 69 

Finance Law 

Comptroller’s warrant for payment of bills. 96 

Fiscal year. 96 

Indebtedness not to be contracted without appropriation. 96 

Money appropriated must be used for purpose appropriated.... 96 

Payments monthly to State Treasurer. 96 

































INDEX. 


XI 


Fines 

Disposition of..38 

General fund for all moneys received for fines. 38 

How disbursed. 38 

Fire 

Removal of prisoners in case of.. 32 

Sale of goods damaged by. 67 

Fiscal Transactions 

To be conducted in the name of the warden. 17 

Fiscal Year 

When commences and ends. 96 

Food 

Articles and quantities for purchase to be prescribed by Superin¬ 
tendent. 18 

Iniitation butter and cheese not to be furnished. 70 

Kind furnished. 30 

Physician to examine daily. 21 

Products raised in this State. 69 

Goods 

Act in relation to convict-made goods.. 93,94,95 

Damaged goods, sale of. 67 

Governor 

Appointment of Superintendent of State Prisons by. 5 

Appointment of State Commission of Prisons by. 82 

Annual report to Legislature concerning pardons, reprieves and 

commutations. 110 

Commutation, may increase or decrease amount allowed. 77 

limitation to increase. 77 

Condition for commutation shall be annexed.... 77 

Must be furnished report of case upon application for pardon... Ill 

Parole laws not to impair power to commute sentence. 29,30 

' Power to pardon or commute sentence.29,30,79,110 

President of State Commission of Prisons, designated by. 82 

Reprieves by. 110 

Report of Commutation Board sent to Governor monthly. 77 

Guards 

Appointment and removal of. 9 

Attendance, record of, etc. 22 

Compensation—when payable. 10,11 

Number of guards. 9 

Habeas Corpus 

How and by whom issued. 45,46 

exceptions. 45 

To bring prisoner into court to plead or for trial. 47 

To produce convict as witness. 45,46 

Hail-keeper 

Bond. 12 

Oath of office.. H 

Salary—when payable. 10,11 








































XII 


INDEX. 


Highways 

Employment of convicts upon. 72,73 

Arrest of person interfering with convict at work upon. 73 

Convicts employed upon. 72 

Designation of highways for convict work. 72 

Purchase of machinery, materials, tools, etc. 73 

Penalty for interfering with convict at work upon. 73 

Rules for such employment. 72 

State Engineer to direct work.;. 73 

Hospital 

Chaplain to visit daily. 22 

Foods sent to—record of to be kept. 23 

Liquors supplied to. 46 

Physician to have charge of. . 21 

Physician to keep daily record of. 21 

Indebtedness 

Cannot be contracted in excess of appropriation . 96 

Warden cannot give note for . 23 

Industries 

Classification of. 35 

Comptroller’s annual report to Legislature concerning. 41 

Distribution of among the prisons. 35 

Machinery and materials for. 39 

Monthly statement of receipts and expenditures. 39 

Monthly estimate and statement of moneys required for. 39 

Purchase of materials for. 39,40 

Sale of discontinued industries. 35 

Injunction 

Restraining prison officer from continuing illegal act. 42 

Inquest 

When held. 31 

Insane Criminals 

Discharge of, orders for. 12 

Report of warden to Governor concerning. 31 

Under sentence of death—procedure. 105 

(See also Dannemora and Matteawan State Hospitals for Insane 
Criminals) 

Instruction 

By what officers. 30 

Of prisoners. 22,33 

Of prisoners of first grade. 34 

Inventory of Prison Property 

Agent and warden to make and report. 16 

Estimate of the value of the goods inventoried. 17 

Journal 

To be kept daily—contents. 13,14 

Jury Duty 

Officers exempt from. 44,45 





































INDEX. 


XIII 


Keeper 

Position abolished. 10 

Kit Chen-keeper 

Bond of. 12 

Book kept by—contents of. 23 

Oath of office. H 

Report monthly to warden—contents of. 23 

Salary—when payable. 10,11 

kabor 

All penal institutions, how to conduct labor therein. 43 

Of prisoners, not to be contracted for. 5,33 

Of prisoners of each grade. 34 

Order of prisoners’ labor. 35,36 

Prisoners to labor—time, etc. 33 

Proceeds of—deposit, etc. 40 

Sentence at hard labor in State prison. 102 

What the labor of convicts may be used for. 5,33 

Library 

Chaplain to have charge of. 22 

Liquors 

For the hospital supply. 46 

Giving to convicts at work on the highway. 73 

penalty for. 73 

Not to be brought or sold in prison. 45,101 

Penalty for selling or bringing into prison. 46 

Physician may prescribe for convicts. 45 

iMachinery 

For convicts working on highways. 73 

Purchase of. . 39 

Statement made monthly concerning. 38,39 

Magistrate 

To search prisoner...•. 66 

Maintenance Fund 

Account book to be kept by warden.. 14 

Annual report of warden to Superintendent. 16 

Estimate made monthly by warden of amount required. 15 

revision of such estimate by Superintendent. 15 

Comptroller to authorize warden to draw . 15 

Monthly financial statement or report by warden—contents.... 15,16 

Manufactures 36 

Act in relation to convict-made goods. 93 , 94,95 

Board of Classification to determine styles, etc. 37 

Estimate of articles required. 3 g 

Monthly statement concerning. 39 

Prices of articles, how fixed. 36,37 

Matteawan State Hospital for Insane Criminals 

By-laws and regulations for. 54,55 

Communications with patients in. 59 









































XIV 


INDEX. 


Matteawan Stcite Hospital for Insane Criminals (cont’d) 

Commutation of sentence of insane convicts. 79,80 

Discharge of insane inmates—procedure. 12,58 

convict upon recovering after expiration of original sentence 58 

before expiration of original sentence. 58 

• Inmates held on order of a court or judge. 58 

Establishment of. 54 

First assistant physician. 

to perform duties in absence of superintendent of Hospital.. 56 

Inmates after Oct. 1, 1904 a charge upon the State. 59 

Letters to and from inmates. 59 

Letters from patients to county judge and district attorney.... 59,60 

Medical superintendent of. 

abstract of receipts and payments sent yearly to Superin¬ 
tendent by. 55 

accounts, records and books kept by. 55,56 

annual report of. 56 

appointment and qualifications of. 54 

assistant physician, appointment by. 55 

authorized to recover for support of certain patients. 59 

bond of. 55 

books and vouchers of, open to inspection. 55 

deposit of moneys in bank by, how drawn. 55 

discipline to be maintained by. 56 

estimate made monthly of moneys necessary. 56 

moneys paid to by State Treasurer for Hospital. 55 

removal of. 57 

shall be chief executive officer of the Hospital. 55 

steward, matron and other officers, appointed by. 56 

treasurer, shall also be treasurer of Hospital. 55 

Rules and regulations for adopted by State Superintendent. 55 

Resident officers. 

appointment and oath of office. 56 

discharge of. 56 

salaries, how fixed and paid. 55 

tenure of office. 59 

Steward—purchase of supplies by. 56 

Transfer of insane convicts to—procedure. 57 

certificate of conviction delivered to superintendent when 

convict is received. 59 

costs in determining question of insanity—how paid. 57 

when convict becomes insane while undergoing sentence.... 57 

Transfer of insane convicts from—to Dannemora Hospital. 63 

Visitors to Hospital, how admitted. 59 

What insane are to be confined therein. 54 

What insane may be transferred there by Commission in Lunacy 59 
Notes and Drafts 

Agent and warden not to give.. 23 

Oatlis 

Administered by whom. 23,24 










































INDEX. 


XV 


Oatli of Office 

Each officer of the prison. 11 

File oath with Comptroller. 11 

Superintendent of State Prisons. 11 

Officers of Prisons 

Allowing prisoner to escape—penalty, etc. 99 

Appointment of, by Superintendent. 5,9 

Appointment of, by agent and warden. 5,9 

Appointment not to be made on the ground of political partisan¬ 
ship ... 9 

Charges against, reported in warden’s annual report. 17 

Exemption from jury duty. 44,45 

Expenses of, for executing warrant for paroled prisoner. 29 

Instruction of prisoners by. 30 

Investigating charges against. 12,13 

Infraction of rules by, to be entered in journal. 14 

No person can be appointed who is under 21 years of age. 9 

Notification to court of the illegal sentence of prisoner. 103 

Oath of office. 11 

Perquisites or emoluments for services of . 11 

Presents from contractors, not to accept. 98 

Prison contracts, not to be interested in. 98 

Prohibited from receiving prisoners illegally sentenced. 103 

exceptions. 103 

Record of attendance. 22 

Refusal to receive prisoner. 100 

Refusal to admit State Commission of Prisons or its officers.... 84 

penalty for. 84 

to give information to Commission. 84 

Removal of. 9 

Reports may be required of, by Superintendent. 12 

Rules, printed copy to be furnished each officer. 12,13 

Salaries of—when payable. 10,11 

Subordinate officers must be citizens of this State. 9 

Supervision over by agent and warden. 13 

The number of certain officers to be designated by Superinten¬ 
dent. 9 

Willful neglect or omission to perform duty. 100 

What officers shall reside at the prison. 9 

{See also under the titles of the different officers) 

Pardon 

Power of Governor.29,30,79,110 

Parole 

Arrest of paroled prisoner. 28 

Expense of—how paid. 38 

Application of convict for. 27 

Convict subject to parole. 27,28 

Definite term convicts when subject to parole. '... 27 

Eastern N. Y. Reformatory parole board abolished. 27 











































XVI 


INDEX. 


Parole (continued) 

Imprisonment of delinquent. 29 

May appear before parole board. 29 

Photographs by parole officer. 29 

Prisoners on parole. 27,28 

Prisoners transferred from State prison to N. Y. S. Reformatory 92 

Supervision over. 27 

Warrant for paroled prisoner. 29 

Violation of parole. 28 

{See also Board of Commissioners for Paroled Prisoners.) 

Parole Officer 

Appointment of . 2.1 

Duties. 27 

Photographs taken by. 29 

Salary and expenses. 27 

Service of warrant by. 29 

Penal Code—Sections from 

Acting in public office without having qualified. 98 

Calculating terms. . 102,103 

Communications with prisoners prohibited. 100 

Conveying drugs and liquors to prisoners . 101 

Conveying letters to or from prisoner. 100,101 

Convict protected by law. 104 

Definition of term “prison”. 100 

Definition of term “prisoner”. 100 

Escapes. 98 

aiding prisoner to escape.. 99 

a felony or misdemeanor. 99 

concealing escaped prisoner. 99,100 

officer aiding prisoner to escape. 99 

recapture. 99 

term of recaptured prisoner. 99 

Imprisonment of female convicts. 103 

Imprisonment on two or more convictions. 102,103 

Indeterminate sentence. 102 

Officers of prison not to receive prisoners illegally sentenced.. 103 

exceptions. 103 

Place of imprisonment must be specified in sentence. 104 

Prison officers not to be interested in prison contracts. 98 

not to accept presents from contractors. 98 

Refusal of officer to receive prisoner. 100 

Removal of convicts from one prison to another. 104 

Sentenced to county jail or State prison. 104 

Sentence to State prison must be at hard labor. 104 

Unlawful dealing in convict-made goods. 101 

Willful neglect or omission of public officer to perform duty.... 100 

Penalties, for 

Neglect of duty by keeper concerning United States prisoners.. 44 

Interfering with convict employed on highway. 73 










































INDEX. 


XVJI 


Penalties for (continued) 

Selling or bringing liquors into prison. 46 

Refusal to admit State Commission of Prisons. 84 

to furnish information to State Commission of Prisons. 84 

Photograplis 

Bertillon system. 88 

Parole officer may photograph prisoner. :. 29 

Record of. 12 

Physician 

Appointment of. 5,9 

Annual report of. 21 

Certificate of the insanity of convict made by. 63 

Duties of at prison—performance of... 21 

Examine and report weekly condition of cells. 21 

Examine daily provisions of convicts—when to report. 21 

Hospital and sick, to have charge of. 21 

Liquors prescribed by. 45,46 

Office in the prison. 10 

Removal of. 9 

Residence of. 21 

Report of hospital monthly to warden—contents. 21 

Report of hospital and sick convicts, kppt by. 21 

Salary. 10 

Short rations of convicts, prescribed by. 30 

Principal Keeper 

Appointment and removal of. 9 

Bond of. 12 

Monthly statement to warden . 22 

Oath of office. 11 

Salary—when payable. 10,11 

Time book kept by—contents of. 22 

Printing 

Prohibited in State prisons. 69 

What is allowed. 69 

Prison Association 90 

Annual report to Legislature. 90 

Duties and powers of. 90 

Prison Fund 

Establishment of by Chapter 637, Laws 1887. 73 

Excess in Capital Fund added to Prison Fund. 41 

Payable upon draft of State Treasurer. 44 

Prisoners 

Bedding and clothing furnished. 30 

Cells for... 26 

Children of female prisoners. 50,70,71 

Clerk’s annual report concerning. 20 

Clothing, money, etc., furnished upon discharge. 19 

Communications with, prohibited. 190 


9 











































XVIII 


INDEX. 


Prisoners (continued) 

Competency as witnesses. 45-46 

Condemned to death—procedure, etc.26,105-110 

Control over by Superintendent of State Prisons. 12 

Court to make certain examinations of before sentence. 25 

Definition of term ‘ ‘prisoner’ ’. 100 

Delivery upon sentence to agent and warden . 26 

Drugs and liquors, conveying to. 101 

Earnings of, how allowed and paid.14,37,38 

Employment of upon highways. 72,73 

Escape of. 30 

aiding prisoner to escape—penalty. 99 

a felony or misdemeanor. 99 

concealing escaped prisoner. 99,100 

recapture. 99 

term of. 99 

Examination of by warden. 13 

Expenses of transferring convicts. 26 

Females not to be whipped. 45 

Females, where sentenced. 103 

Fines imposed upon. 38 

how kept and disbursed. 38 

Forfeiture of credit balance by. 38 

Grading and classification of. 32 

labor of each grade. 34 

promotions and reductions. 33 

Instruction of prisoners...22,30,33,34 

by what officers. 30 

first grade. 34 

report concerning.. 22,30 

Inquest upon death of—when held. 31 

Insane {See Dannemora and Matteawan State Hospitals). 

Labor of. 

order of prisoners’ labor. 35 

not to be contracted for. 5,33 

of each grade. 34 

order of. 35,36 

sentenced to. 102 

to be kept at hard labor. 33,34 

Liquors, prescribed for. 45,46 

Letters conveyed to or from. 100,101 

Money belonging to—charge of, etc. 18,19 

Monthly report concerning. 16 

Moneys or property taken from. 14,20 

Occupation of. Legislature to provide for. 5 

Orders for transfer of. 12 

Parole of {See Parole) 

Protected by law. 104 

Products of prisoners labor—how disposed of. 5,33 

Punishment—record of.14,30,38 

















































INDEX. 


XIX 


Prisoners (continued) 

Record of, photographs. 12 

Record of convicts on indeterminate sentence. 28 

Refusal by officer to receive prisoner. 100 

Register of prisoners—contents. 19 

Searching prisoner. 66 

Servants for warden. 10 

Sick convicts—care of. 21 

Transfer from one prison to another..26,33,104 

Transfer from N. Y. S. Reformatory at Elmira. 91 

application for—how and where made. 91 

return of such prisoner to reformatory. 91,92 

sentence of prisoners so transferred. 91 

Transfer from State prison to N. Y. S. Reformatory. 92 

parole and commutation of prisoners so transferred. 92 

requisition for. 92 

sentences of transferred prisoners. 92 

who can be transferred. 92 

Trial for offences committed in prison. 71,72 

Transporting to prison upon conviction. 69 

What prison can be sentenced to. 25 

Witness in criminal trials. 45,46 

When affected with contageous disease. 31,32 

Punishment 

Females not to be whipped. 45 

Fines. 38 

Record of. 14 

Solitary confinement. 30 

Purchases 

Bills for purchases. 18 

Contract for prison supplies. 18 

Materials, machinery etc., for convicts’ work on highway. 73 

Of materials for prison industries. 39,40 

Of supplies for prison by warden. 17 

What purchases warden can make.. • • 15 

Record 

Of prisoners on indeterminate sentences. 28 

contents. 28 

transmitted when prisoner is transferred. 28 

Register 

Clerk of prison to keep register of convicts—contents. 19 

Religious Worship 

Chaplain of prison to perform. 22 

Freedom of worship. 86 

application of law—to what institutions. 86 

convicts are entitled to. 86 

rules and regulations of institution must provide for. 86,87 

Superintendent to prescribe rules for. 22 













































XX 


INDEX. 


RepCcilin^ Acts 

Certain laws repealed. 43 

Reports of 

Agent and warden 

annual. 16 

annual to State Commission of Prisons. 84 

concerning insane prisoners, to Governor. 31. 

monthly to Superintendent, of materials and earnings. 38,39 

monthly to Governor, of convicts subject to commutation.. 76 

of prisoners.. . 16 

Superintendent may require from. 12 

Chaplain 

annual—contents. 22 

quarterly—contents. 22 

Clerk 

annual—number of convicts, etc. 20 

Comptroller 

annual to Legislature of financial condition of prisons. 41 

Kitchen-keeper 

monthly. 23 

Physician 

annual. 21 

on foods—when. 21 

monthly of hospital. 21 

weekly, condition of cells . 21 

Reports made to Legislature to be kept in each prison by clerk. 20 

State Commission of Prisons—annual to Legislature. 84 

Superintendent of State Prisons—annual—contents, etc. 13,35 

Reward 

For capturing escaped prisoner. 31 

Rules 

Agent and warden to prescribe for subordinate officers. 13 

enforcement of. 13 

Clerk to record rules.. 12 

Comptroller to prescribe for government of clerks. 12 

For allowance of commutation of sentence. 76 

For convicts employed on highways . 72 

For the promotion and reduction of prisoners. 33 

Printed copies to be furnished officers by clerk. 12 

Record of photographs, rules for. . 12 

Superintendent to prescribe. 12 

Serjreant of tlie Guard 

Appointment and removal of. 9 

Oath of office. 11 

Salary—when payable. 10 

Sentences of Convicts 

Allowances (See Commutation) 

Calculating term. 102,103 

to expire in certain months. 103 





































INDEX. 


XXI 


Certified copy of sentence delivered to warden. 26 

Certified copy of transmitted with transferred prisoner. 28 

Copy of examination by court entered in sentence. 26 

Death sentence—all proceedings under.26,105 110 

Delinquent paroled prisoner, of. 29 

Definite and indeterminate sentences defined. 75 

Female convicts—where sentenced to. .49,50,103 

Imprisonment on two or more sentences. 102,103 

In E. N. Y. Reformatory. 52 

Indeterminate sentence, who shall receive. 102 

Maximum and minimum limits of. 27 

Not less than one year in State prison. 104 

Notification to court of illegal sentence. 103 

Of prisoners transferred from 

State prison to N. Y. S. Reformatory. 92 

N. Y. S. Reformatory to State prison or E. N. Y. Reformatory 91 

Prisons, where sentenced. 25,103 

Place of imprisonment specified in sentence. 104 

Recaptured prisoner to serve out. 31 

Term, when to commence.. 7(5 

when expiring on a holiday. 76 

(See also Commutation of Sentence) 

Sheriffs 

Delivery of convict under sentence of death to agent and warden 106 

Duties relating to convicts under sentence of death. 105-110 

(See also Fees of Sheriffs) 

Sing Sing Prison 

Convicts who are sent to. 25 

Farm belonging to—management of . 24 

State Board of Charities 

Appointment and removal of. ... 6 

Duties. 6 

Legislature to provide for. 6 

Visitation and inspection by. 6 

State Coinniission in Lunacy 

Appointment and removal of. 6 

Approval of by-laws for Matteawan State Hospital.. 54 

Duties . 6 

Legislature to provide for. 6 

Transfer of insane to Matteawan State Hospital by... 59 

Transfer of convict not recovered from Dannemora Hospital by 64 
State Commission of Prisons 

Appointment and removal of—membership. 6,82 

Access to persons, grounds, buildings, books, etc. 84 

Annual report to the Legislature—contents of. 84 

Duties of Commission generally (§2) . 83 

Enforcement of rights and powers by order of Supreme Court.. 84 
Estimates furnished annually to Commission. 84,85 






































XXII 


INDEX. 


from what insitutions—contents of. 84,85 

of labor and supplies required. 85 

Information desired must be given Commission. 84 

blanks and regulations for such information. 84 

Industries in prisons assigned by. 35 

Legislature to provide for. 6 

Members to constitute Parole Board. 27 

Meetings. 83 

Official seal. 82 

Officers of Commission. 83 

appointment, salaries, duties, removal. 83 

President of Commission. 82 

appointment and salary of. 82 

Rooms and stationery for. 83 

Rules and regulations made by. ' . 83 

Reports of penal institutions to the Commission . 84 

date of such report—contents, etc. 84 

Refusal of officials . 84 

to admit Commission for visitation and inspection . 84 

to furnish information called for. 84 

Salaries and expenses of Commission and officers. 85 

Subpoenas for witnesses—oaths, etc. 84 

Secretary of Commission.v. 83 

election, duties and salary .. 83 

Terms of office. 82 

Visitation and inspection of institutions. 6,83 

by the Commission. 83 

any member, or secretary when authorized. 83 

examinations made. 83,84 

State Detective at Sinjr Sing Prison 

Oath of office . 11 

Salary of—when payable. 10,11 

State Prison 

Agent and warden to reside in. 10 

to sue for debts due the prison. 17 

Articles manufactured in, how regulated. 36 

Contagious disease in. . 31,32 

Daily journal to be kept in. 13,14 

Definition of term “prison”. 100 

Estimate of the value of property in. 17 

Examination of by agent and warden. 13 

Fiscal transactions on account of. 17 

For women convicts. 48 

Imitation butter and cheese not to be purchased for. 70 

Instruction in. 30 

Inventory, annually, of property in. 16 

Liquors not to be brought or sold in. 45,101 

Names and locations of. 8,44,48 

Parole officer for each prison. 27 

Printing in. 69 




















































INDEX. 


XXIIi 


State Prison (continued) 

Record at each prison, of convicts. 28 

Report on sanitary condition of. 21 

Superintendent to have management and control of. 5 

Supplies for, how purchased. 18 

System of accounts for. 12 

Transferring convicts—expenses, etc. 26 

United States prisoners in. 41,44 

Visitors at, who are authorized.... .. 47 

Visitation 

by State Commission of Prisons. 6,83 

by Prison Association. 90 

State Prison for Women 

Accounts and records of. 51 

Assistant matrons. 49 

appointment and removal by agent and warden. 49 

board and lodging in the prison. 49 

number of designated by Superintendent of State Prisons.. 49 

salary. 49 

Children of women convicts. 50,70 

Department of Auburn Prison. 50,51 

Establishment of. 48 

Guards and other employees. 49 

appointment and removal of by agent and warden. 49 

number of designated by Superintendent of State Prisons.. 49 * 

salary of guards — payment of. 49 

Management of. 48 

agent and warden of Auburn Prison to have under the direc¬ 
tion of Superintendent of State Prisons. 48 

Matron 

appointment and removal of. 48,49 

rations, furniture, fuel and lights furnished. 49 

residence in the prison house. 49 

Notice to agent and warden of conviction. 50 

Physician and chaplain 

- of Auburn Prison shall perform respective duties. 49 

no additional compensation. 49 

Sentence of women to.49,50,103 

Transporting women convicts to the prison. 50 

in company of at least one other woman. . 50 

Store-keeper 

appointment of. 49 

duties like those of store-keeper in Auburn Prison. 49 

bond of. 49 

Transfer of women convicts to 

from penitentiaries. 50 

from county penitentiaries. 50 

expenses of transfer—how paid. 50 

guard or escort for transfer. 50 












































XXIV 


INDEX. 


Store-keeper 

Bond of. 12 

Books kept by. 23 

Charge of provisions. 2S 

Duties of, generally. 23 

Delivery of goods by. 23 

Oath of office. 11 

Report—statement to warden—contents, etc. 23 

Salary of—when payable. 10,11 

Subpoenas 

District attorney may issue — when. 107 

Superintendent may issue. 12 

State Commission of Prisons may issue. 84 

Superintendent of State Prisons 

Account of clerk and office expenses. 10 

Annual report of—contents. 13,35 

Appointment of by Governor. 5 

Appointments made by warden—approval of. 5,9 

Appointment of certain prison officers by. 5,9 

Appointment and removal of medical superintendent. 

for Dannemora Hospital. 60,63 

for Matteawan State Hospital. 54,57 

Approval of the disposition of convicts’ earnings. 38 

Approval of monthly estimate of superintendent of Matteawan 

Hospital. 57 

Bond of . 5,11 

Bond of agent and warden approved by.. 11 

prosecuted by. 19 

Bond of other officers approved by. 12 

By-laws, rules and regulations made by 

for Dannemora Hospital. 61 

for Matteawan State Hospital . 54 

Classification of prisoners by. 32 

Clerk hire, etc. 10 

Clerk of Superintendent — authority, etc. 12 

Compensation of certain officers fixed by. 10 

Contract for prison supplies. • 18 

Contract for prison labor, shall not make. 33 

Designation of the number of prison officers to be appointed.. 9 

Duties of, generally. , . 6 

Eastern N. Y. Reformatory, control and management of. 51,52 

Employment of convicts upon highways. 72 

Estimates of agent and warden, revised by 

for Maintenance Fund. 15 

for materials, machinery, etc.—for Capital Fund. 39 

for expenses of United States prisoners and to repay con¬ 
victs’ deposits and interest. ... 14,15 

Estimate of the value of prison property. 17 

Financial transactions supervised and directed by. 17 











































INDEX. 


XXV 


Superintendent of State Prisons (Continued) 

Fines—general fund for disbursed by. 38 

Food, articles and quantities prescribed by. 18 

Industries distributed by. 35 

Investigating charges against prison officials. 12,13 

Labor, to cause prisoners to be employed at hard labor. 33 

Lands used for Clinton Prison, designated by.. 24 

for Dannemora Hospital. 24 

Matron, assistant matrons and guards for Women’s Prison ap¬ 
pointed by. 48,49 

Oaths administered by. 23,24 

Oath of office.. 11 

Office of Superintendent in Albany. 12 

Parole officer appointed by. 27 

Presents from contractors, not to accept. 98 

Prison contracts, not to be interested in. 98 

Purchase of supplies for prison, to be directed by. 17 

Religious worship, prescribe rules for. 22 

Removal of—copy of charges furnished..... ® 

Removal of prison officers by. 9 

Reports to Legislature supplied to clerk of prison by. 20 

of agent and warden, and other officers, may require. 12 

Return of transferred prisoners to N. Y. S. Reformatory may 

be ordered by. 92 

Reward offered for escaped prisoner. 31 

Rules for the governmient of the prisons, made by. 12 

for the allowance of commutation, formulated by. 76 

Salary of. 9,11 

Superintendence, management and control of State prisons by 5,12 

System of accounts for each prison, prescribed by. 12 

Term of. 5 

To designate what officers shall reside at prison.. 9 

Transfer prisoners from one prison to another. 33 

Traveling expenses of . 9 

Supplies for Prisons 

Butter and cheese, imitations of not to be purchased... 70 

Contract for—advertise and make . 18 

Purchase of products raised in this State. 69 

Store-keeper to have charge of. 23 

Warden to purchase. 17,18 

'feacliers 

Appointment of. 9 

Prison officers to act as such. 30 

'fransfer of Convicts 

Expenses of transferring. 26 

From one prison to another—reason for. 26,33 

From N. Y. S. Reformatory. 92 

From State prison to N. Y. S. Reformatory. 92 

(See also E. N. Y. Reformatory, the different State Hospitals 
and State Prison for Women) 











































XXVI 


INDEX. 


'Trial of Convicts for Offenses Committed in Prison 

District attorney to make detailed statement of expense, etc.. 72 

examination of such statement. . . 72 

Expense paid by State . 72 

United States Prisoners 

Contracts for the care and support of . 41,44 

Escape of .. 

expense of recapture . 47 

punishment for . 46,47 

Estimate by warden of moneys required for . . 15 

Penalty for neglect of duty in respect to. . 44 

Prisoners convicted out of State not received ... 41 

Where confined . 41,44 

Visitors at Prison 

Fees from, how applied. .. 73,74 

Who are authorized to visit. ... 6,47,83,90 

Water-works 

Appropriations for Clinton Prison . 24 

Warrant 

Death warrant, contents of . 105 

Fees of officer serving, for paroled prisoner . 29 

service of . 29 

Yard Keeper 

Appointment and removal of . 9 

Bond. .. 12 

Oath of office . 11 

Salary—when payable . 10,11 


H 1??. 81' 
























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